(a) Application. This Part shall be applicable to civil
actions and proceedings in the Supreme Court and the County
Court.

(b) Waiver. For good cause shown, and in the interests of
justice, the court in an action or proceeding may waive compliance
with any of the rules in this Part, other than sections 202.2
and 202.3, unless prohibited from doing so by statute or by
a rule of the Chief Judge.

(c) Additional rules. Local court rules, not inconsistent
with law or with these rules, shall comply with Part 9 of
the Rules of the Chief Judge (22 NYCRR Part 9).

(d) Application of CPLR. The provisions of this Part shall
be construed consistent with the Civil Practice Law and Rules
(CPLR), and matters not covered by these provisions shall
be governed by the CPLR.

(e) Definitions.

(1) "Chief Administrator of the Courts" in this Part also
includes a designee of the Chief Administrator.

(2) The term "clerk" shall mean the chief clerk or other
appropriate clerk of the trial court unless the context
otherwise requires.

(3) Unless otherwise defined in this Part, or the context
otherwise requires, all terms used in this Part shall have
the same meaning as they have in the CPLR.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.2 Terms and Parts of Court.

(a) Terms of Court. A term of court is a four-week session
of court, and there shall be 13 terms of court in a year,
unless otherwise provided in the annual schedule of terms
established by the Chief Administrator of the Courts, which
also shall specify the dates of such terms.

(b) Parts of Court. A part of court is a designated unit
of the court in which specified business of the court is
to be conducted by a judge or quasi- judicial officer. There
shall be such parts of court as may be authorized from time
to time by the Chief Administrator of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.3 Individual Assignment System; Structure.

(a) General. There shall be established for all civil actions
and proceedings heard in the Supreme Court and County Court
an individual assignment system which provides for the continuous
supervision of each action and proceeding by a single judge.
Except as otherwise may be authorized by the Chief Administrator
or by these rules, every action and proceeding shall be assigned
and heard pursuant to the individual assignment system.

(b) Assignments. Actions and proceedings shall be assigned
to the judges of the court upon the filing with the court
of a request for judicial intervention pursuant to section
202.6 of this Part. Assignments shall be made by the clerk
of the court pursuant to a method of random selection authorized
by the Chief Administrator. The judge thereby assigned shall
be known as the "assigned judge" with respect to
that matter and, except as otherwise provided in subdivision
(c) of this section, shall conduct all further proceedings
therein.

(c) Exceptions.

(1) Where the requirements of matters already assigned to
a judge are such as to limit the ability of that judge to
handle additional cases, the Chief Administrator may authorize
that new assignments to that judge be suspended until the
judge is able to handle additional cases.

(2) The Chief Administrator may authorize the establishment
in any court of special categories of actions and proceedings,
including but not limited to matrimonial actions, medical
malpractice actions, tax assessment review proceedings, condemnation
actions and actions requiring protracted consideration, for
assignment to judges specially assigned to hear such actions
or proceedings. Where more than one judge is specially assigned
to hear a particular category of action or proceeding, the
assignment of such actions or proceedings to the judges so
assigned shall be at random.

(3) The Chief Administrator may authorize the assignment
of one or more special reserve trial judges. Such judges may
be assigned matters for trial in exceptional circumstances
where the needs of the courts require such assignment.

(4) Matters requiring immediate disposition may be assigned
to a judge designated to hear such matters when the assigned
judge is not available.

(5) The Chief Administrator may authorize the transfer of
any action or proceeding and any matter relating to an action
or proceeding from one judge to another in accordance with
the needs of the court.

(6) The Chief Administrator may authorize the establishment
in any court or county or judicial district of a dual track
system of assignment. Under such system each action and proceeding
shall be supervised continuously by the individually assigned
judge until the note of issue and certificate of readiness
have been filed and the pretrial conference, if one is ordered,
has been held. The action or proceeding then may be assigned
to another judge for trial in a manner prescribed by the Chief
Administrator.

Ex parte applications in actions or proceedings in the Supreme
Court, and applications for the settlement of actions or proceedings
pending in the Supreme Court, where judicial approval is necessary,
may be heard and determined by a judge of the County Court
in the county where venue is laid, during periods when no
Supreme Court term is in session in the county.

(a) Index Number; Form; Label. The party filing the first
paper in an action, upon payment of the proper fee, shall
obtain from the County Clerk an index number, which shall
be affixed to the paper. The party causing the first paper
to be filed shall communicate in writing the County Clerk's
index number forthwith to all other parties to the action.
Thereafter such number shall appear on the outside cover
and first page to the right of the caption of every paper
tendered for filing in the action. Each such cover and first
page also shall contain an indication of the county of venue
and a brief description of the nature of the paper and,
where the case has been assigned to an individual judge,
shall contain the name of the assigned judge to the right
of the caption. In addition to complying with the provisions
of CPLR 2101, every paper filed in court shall have annexed
thereto appropriate proof of service on all parties where
required, and every paper, other than an exhibit or printed
form, shall contain writing on one side only, and if typewritten,
shall have at least double space between each line, except
for quotations and the names and addresses of attorneys
appearing in the action, and shall have at least one-inch
margins. Papers that are stapled or bound securely shall
not be rejected for filing simply because they are not bound
with a backer of any kind.

(b) Submission of Papers to Judge. All papers for signature
or consideration of the court shall be presented to the
clerk of the trial court in the appropriate courtroom or
clerk's office, except that where the clerk is unavailable
or the judge so directs, papers may be submitted to the
judge and a copy filed with the clerk at the first available
opportunity. All papers for any judge that are filed in
the clerk's office shall be promptly delivered to the judge
by the clerk. The papers shall be clearly addressed to the
judge for whom they are intended and prominently show the
nature of the papers, the title and index number of the
action in which they are filed, the judge's name and the
name of the attorney or party submitting them.

(1) There is hereby established a pilot program in which
papers may be filed by facsimile transmission with the Supreme
Court and, as is provided in section 206.5-a of this Title,
with the Court of Claims. In the Supreme Court, the program
shall be limited to commercial claims and tax certiorari,
conservatorship, and mental hygiene proceedings in Monroe,
Westchester, New York and Suffolk Counties.

(2) "Facsimile transmission" for purposes of these rules
shall mean any method of transmission of documents to a
facsimile machine at a remote location which can automatically
produce a tangible copy of such document.

(b) Procedure.

(1) Papers in any civil actions or proceedings designated
pursuant to this section, including those commencing an action
or proceeding, may be filed with the appropriate court clerk
by facsimile transmission at a facsimile telephone number
provided by the court for that purpose. The cover page of
each facsimile transmission shall be in a form prescribed
by the Chief Administrator and shall state the nature of the
paper being filed; the name, address and telephone number
of the filing party or party's attorney; the facsimile telephone
number that may receive a return facsimile transmission, and
the number of total pages, including the cover page, being
filed. The papers, including exhibits, shall comply with the
requirements of CPLR 2101(a) and section 202.5 of this Part
and shall be signed as required by law. Whenever a paper is
filed that requires the payment of a filing fee, a separate
credit card or debit card authorization sheet shall be included
and shall contain the credit or debit card number or other
information of the party or attorney permitting such card
to be debited by the clerk for payment of the filing fee.
The card authorization sheet shall be kept separately by the
clerk and shall not be a part of the public record. The clerk
shall not be required to accept papers more than 50 pages
in length, including exhibits but excluding the cover page
and the card authorization sheet.

(2) Papers may be transmitted at any time of the day or
night to the appropriate facsimile telephone number and will
be deemed filed upon receipt of the facsimile transmission,
provided, however, that where payment of a fee is required,
the papers will not be deemed filed unless accompanied by
a completed credit card or debit card authorization sheet.
The clerk shall date-stamp the papers with the date that they
were received. Where the papers initiate an action, the clerk
also shall mark the papers with the index number. No later
than the following business day, the clerk shall transmit
a copy of the first page of each paper, containing the date
of filing and, where appropriate, the index number, to the
filing party or attorney, either by facsimile or first class
mail. If any page of the papers filed with the clerk was missing
or illegible, a telephonic, facsimile, or postal notification
transmitted by the clerk to the party or attorney shall so
state, and the party or attorney shall forward the new or
corrected page to the clerk for inclusion in the papers.

(c) Technical failures. The appropriate clerk shall deem
the UCS fax server to be subject to a technical failure
on a given day if the server is unable to accept filings
continuously or intermittently over the course of any period
of time greater than one hour after 12:00 noon of that day.
The clerk shall provide notice of all such technical failures
by means of the UCS fax server which persons may telephone
in order to learn the current status of the Service which
appears to be down. When filing by fax is hindered by a
technical failure of the UCS fax server, with the exception
of deadlines that by law cannot be extended, the time for
filing of any paper that is delayed due to technical failure
shall be extended for one day for each day in which such
technical failure occurs, unless otherwise ordered by the
court.

(1) There is hereby established a pilot program in which documents may be filed and served by electronic means in civil actions in Supreme Court. Documents may be filed or served by such means only to the extent and in the manner authorized in this section and only in the following actions: (i) tax certiorari actions (including small claims actions under Title 1-A of Article 7 of the Real Property Tax Law) and tort and commercial actions in the Supreme Court in Albany, Bronx, Essex, Kings, Livingston, Monroe, Nassau, New York, Niagara, Onondaga, Queens, Richmond, Suffolk, Sullivan and Westchester Counties; and (ii) actions in Supreme Court in Broome County and Erie County of any type designated by the appropriate Administrative Judge.

(2) For purposes of these rules:
(i) “electronic means” shall mean any method of transmission of information between computers or other machines, other than facsimile machines, designed for the purpose of sending and receiving such transmissions, and which allows the recipient to reproduce the information transmitted in a tangible medium of expression;
(ii) the “e-filing Internet site” shall mean the website located at
www.nycourts.gov/efile;
(iii) “e-filing”, “electronic filing” and “electronically filing” shall mean the
filing and service of documents in a civil action by electronic means through the e-filing Internet site;
(iv) an “authorized e-filing user” shall mean a person who has registered to use e-filing pursuant to subdivision (c) of this section;
(v) an “action”;
(vi) “hard copy” shall mean information set forth in paper form; and
(vii) “party” or “parties” shall mean the party or parties to an action or counsel thereto.

(b) E-Filing in Actions in Supreme Court.

(1) Commencing an action by electronic means. A party may commence any action specified in paragraph (1) of subdivision (a) of this section by electronically filing the initiating documents with the County Clerk.

(2) E-filing in an action after commencement.
(i) Consent of the parties required. After commencement of an action
specified in paragraph (1) of subdivision (a) of this section, documents may be electronically filed and served, but only if and when all parties have consented thereto or, if fewer than all parties have so consented, only by and between consenting parties with the permission of the court.
(ii) Consent to e-filing; how obtained. A consent to e-filing in an action shall state that the party providing it agrees to the use of e-filing in the action and to be bound by the filing and service provisions in this section. Consent may be obtained by stipulation or a party who seeks to use e-filing in a pending action may serve upon all other parties to the action a notice regarding use of e-filing in a form approved by the Chief Administrator of the Courts. Service of such a notice shall constitute consent to e-filing in the action by the party causing such service to be made. A party served with such a notice may consent to e-filing in the action not later than ten days after receipt of such service, either by filing with the court and serving on all parties of record a consent to e-filing or if such party or the attorney of record therefor is an authorized e-filing user, by filing the consent electronically in the manner provided at the e-filing Internet site; provided, however, the court, in its discretion, may permit a consent to e-filing at any time thereafter. The filing of a consent to e-filing hereunder shall not constitute an appearance in the action.
(iii) Filing and service after consent to e-filing in an action. Once an action is made subject to e-filing, all documents filed and served by consenting parties shall be served and filed in accordance with this section.
(iv) Documents previously filed with the court; termination or modification of e-filing procedures. When an action becomes subject to e-filing, the court may direct that documents previously filed in the action in hard copy be filed electronically by the parties. The court may at any time order discontinuation of e-filing in such action or modification of e-filing procedures therein in order to prevent prejudice and promote substantial justice.
Where a court orders discontinuation of e-filing in an action, the court may direct the clerk to convert into hard copy those documents comprising the case file which had been received electronically.

(c) Authorized E-Filing Users, Passwords and Other
Information.

(1) Registration required. Documents may be filed or served electronically only by a person who has registered as an authorized e-filing user or as otherwise provided in this subdivision.

(2) Registering as an authorized e-filing user.
(i) Who may register. An attorney admitted to practice in the State of New York, or a person seeking to use e-filing as an authorized agent on behalf of attorneys of record in an action or actions (hereinafter “filing agent”) may register as an authorized e-filing user of the e-filing Internet site. An attorney admitted pro hac vice in an action, a party to an action subject to e-filing who is not represented by an attorney, or a person who has been authorized in writing by an owner or owners of real property to submit a petition as provided in section 730 of the Real Property Tax Law and who has been licensed to engage in such business by the jurisdiction in which the business is operated (hereinafter “small claims assessment review filing agent”) may also register as an authorized e-filing user, but solely for purposes of such action or, in the case of a small claims assessment review filing agent, solely for those proceedings under section 730 of the Real Property Tax Law in which he or she has been authorized to submit a petition.
(ii) How to register. Registration shall be on a form prescribed
by the Chief Administrator, which shall require such information as he or she shall specify. If so provided by the Chief Administrator, registration shall not be complete until the registering person has been approved as an e-filing user.
An authorized e-filing user shall notify the appropriate clerk immediately of any change in the information provided on his or her registration form.

(3) Identification and password. Upon registration, an authorized e-filing user shall be issued a confidential User Identification Designation (“User ID”) and a password by the Unified Court System (“UCS”). An authorized e-filing user shall maintain his or her User ID and password as confidential, except as provided in paragraph (4) of this subdivision. Upon learning of the compromise of the confidentiality of either the User ID or the password, an authorized e-filing user shall immediately notify the appropriate clerk. At its initiative or upon request, the UCS may at any time issue a new User ID or password to any authorized e-filing user.

(4) An authorized e-filing user may authorize another person to file a document electronically on his or her behalf in a particular action using the User ID and password of the user, but in such event, the authorized e-filing user shall retain full responsibility for any document filed.

(d) Electronic Filing of Documents.

(1) In any action subject to e-filing, all documents required to be filed with the court by a party that has consented to such e-filing shall be filed electronically , except as provided herein. Each document to be filed electronically by a filing agent (other than one
employed by a governmental entity) shall be accompanied by a statement of authorization from counsel of record in a form approved by the Chief Administrator.

(2) Payment of fees. Whenever documents are filed electronically that require the payment of a filing fee, the person who files the documents shall provide, in payment of the fee: (i) such credit or debit card information as shall be required at the e-filing Internet site to permit a card to be charged or debited by the County Clerk or (ii) the form or information required by the County Clerk to permit him or her to debit an account maintained with the County Clerk by an attorney or law firm appearing for a party to the case; or (iii) any other form of payment authorized by the Chief Administrator. Notwithstanding the foregoing, an authorized e-filing user who electronically files documents that require the payment of a filing fee may cause such fee to be paid thereafter in person at the office of the County Clerk.

(3) Filing and receipt of documents; confirmation; secure
information.
(i) When documents are filed. Documents may be transmitted at any time
of the day or night to the e-filing Internet site. Documents are deemed filed on the date on which their electronic transmission is recorded at that site, provided, however, that where payment of a fee is required upon the filing of a document, the document will not be deemed filed until transmission of the information or form or information as required in (i) or (ii), respectively, of paragraph (2) of this subdivision is recorded at the e-filing Internet site; or, if no such transmission is recorded, until payment is physically presented to the County Clerk.
(ii) Confirmation. No later than the close of business on the business
day following the electronic filing of a document, a confirmation notice shall be transmitted electronically by the e-filing Internet site to the person filing such document. When documents initiating an action are filed electronically, the County Clerk shall assign an index number or filing number to the action and shall cause that number to be transmitted to the person filing such documents as part of the confirmation notice. If payment is submitted in person after the initiating documents have been transmitted electronically, the County Clerk shall assign the number upon presentation of that payment.
(iii) Secure information. When electronically filing a document, the person filing such document shall indicate whether it contains any of the following: individually identifiable health information, a social security number, a credit card number, a bank account number, an individual's date of birth, an individual's home address, a minor child's name, or trade secrets. If such person indicates that any of this information is contained in the document , access to it on the e-filing Internet site may be restricted to consenting parties to the action, the County Clerk and the court. The document will, however, be available for public inspection at the office of the County Clerk unless sealed by the court.

(4) Official record; courtesy copies. When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the clerk. The court may require the parties to provide courtesy hard copies of documents filed electronically. Unless the court directs otherwise, each such copy shall bear a conspicuous notice on the first page that the document has been electronically filed.

(5) Orders and judgments. Unless the court directs otherwise, any document that requires a judge's signature shall be transmitted electronically and in hard copy to the court. Unless the Chief Administrator authorizes use of electronic signatures, orders and judgments signed by a judge shall be signed in hard copy, and shall be converted into electronic form by the appropriate clerk. The County Clerk may sign judgments in hard copy, or may affix a digital image of his or her signature to judgments in electronic form.

(6) Exhibits in hard copy. Notwithstanding any other provision of this section, the clerk may permit a party to file in hard copy an exhibit which it is impractical or inconvenient to file electronically.

(e) Signatures.

(1) Signing of a document. An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if:
(i) it bears the physical signature of such person and is scanned into an
electronic format that reproduces such signature; or
(ii) the signatory has electronically affixed the digital image of his or her signature to the document; or
(iii) it is electronically filed under the User ID and password of that
person; or
(iv) in a tax certiorari action in which the parties have stipulated to
this procedure, it is an initiating document that is electronically filed without the signature of the signatory in a form provided above in this subparagraph, provided that, prior to filing, the document is signed in hard copy form (which hard copy must be preserved until the conclusion of all proceedings, including appeals, in the case in which it is filed) and the electronic record of the document bears the word “Signed” typed on the signature line; or
(v) it otherwise bears the electronic signature of the signatory in a
format conforming to such standards and requirements as may hereafter be established by the Chief Administrator.

(2) Compliance with Part 130. A document shall be considered to have been signed by an attorney or party in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR §130-1.1-a) if it has been signed by such attorney or party as provided in paragraph (1) of this subdivision and it bears the signatory’s name, address and telephone number.

(3) Certification of Signature. A party or attorney may add his or her signature to a stipulation or other fileddocument by signing and filing a Certification of Signature for such document in a form prescribed by the Chief Administrator.

(f) Service of Documents.

(1) Service of initiating documents in an action. Initiating documents may be served in hard copy pursuant to Article 3 of the CPLR, or in tax certiorari cases, pursuant to the Real Property Tax Law, or by electronic means if the party served agrees to accept such service. A party served by electronic means shall, within 24 hours of service, provide the serving party or attorney with an electronic confirmation that the service has been effected.

(2) Service of interlocutory documents. (i) E-mail
address for service. Each party in an action subject to electronic filing that has consented thereto shall identify on an appropriate form an e-mail address at which service of interlocutory documents on that party may be made through notification transmitted by the e-filing Internet site (hereinafter the “e-mail service address”). Each attorney of record and each self-represented party shall promptly notify the appropriate clerk in the event he or she changes his or her e-mail service address.
(ii) How service is made. Where parties have consented to e-filing, upon
the receipt of an interlocutory document by the e-filing Internet site, the site shall automatically transmit electronic notification to all e-mail service addresses. Such notification shall provide the title of the document received, the date received, and the names of those appearing on the list of e-mail service addresses to whom that notification is being sent. Each party receiving the notification shall be responsible for accessing the e-filing Internet site to obtain a copy of the document received. The electronic transmission of the notification shall constitute service of the document on the e-mail service addresses identified therein, except that such service will not be effective if the filing party learns that it did not reach the address of the person to be served. Proof of such service will be recorded on the e-filing Internet site. A partymay, however, utilize other service methods permitted by the CPLR provided that, if one of such other methods is used, proof of service shall be filed electronically.

(g) Addition of Parties or Proposed Intervenors in a Pending E-Filed Action. A party to be added in an action subject to e-filing shall be served with initiating documents in hard copy together with the notice regarding use of e-filing specified in paragraph (2)(ii) of subdivision (b) of this section, to which response shall be made as set forth in that paragraph. A proposed intervenor or other non-party who seeks relief from the court in an action subject to e-filing, if consenting to e-filing, shall promptly file and serve a consent to e-filing. If an added party or intervenor does not so consent, subsequent documents shall be served by and on that party or intervenor in hard copy but the action shall continue as an e-filed one as to all consenting parties.

(h) Entry of Orders and Judgments and Notice of Entry. In an action subject to e-filing, the County Clerk or his or her designee shall file orders and judgments of the court electronically, which shall constitute entry of the order or judgment. The date of entry shall be the date on which transmission of the order or judgment is recorded at the e-filing Internet site. The County Clerk may require that a party seeking entry of judgment electronically serve upon the County Clerk a request for entry of judgment. Upon entry of an order or judgment, the County Clerk, his or her designee, or the e-filing Internet site shall transmit to the e-mail service addresses a notification of such entry, which shall not constitute service of notice of entry by any party. A party shall serve notice of entry of an order or judgment on another party by serving a copy of the notification received from the County Clerk, his or her designee or the e-filing Internet site, a copy of the order or judgment, and an express statement that the transmittal constitutes notice of entry. Service may be made through the e-filing Internet site, or by any other service methods permitted by the CPLR provided that, if one of such other methods is used, proof of service shall be filed electronically.

(i) Technical Failures. The appropriate clerk shall deem the e-filing Internet site to be subject to a technical failure on a given day if the site is unable to accept filings or provide access to filed documents continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon of that day. The clerk shall provide notice of all such technical failures on the site. When filing by electronic means is hindered by a technical failure, a party may file with the appropriate clerk in hard copy. With the exception of deadlines that by law cannot be extended, the time for filing of any paper that is delayed due to technical failure of the site shall be extended for one day for each day on which such failure occurs, unless otherwise ordered by the court.

(j) Electronic Filing of Discovery Materials. In any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. In the absence of such a stipulation, no party shall file electronically any such materials except in the form of excerpts, quotations, or selected exhibits from such materials as part of motion papers, pleadings or other filings with the court.

(k) Copyright, Confidentiality, And Other Proprietary Rights.

(1) Submissions pursuant to e-filing procedures shall have the same copyright, confidentiality and proprietary rights as paper documents.

(2) In an action subject to e-filing, any person may apply for an order prohibiting or restricting the electronic filing in the action of specifically identified materials on the grounds that such materials are subject to copyright or other proprietary rights, or trade secret or other privacy interests, and that electronic filing in the action is likely to result in substantial prejudice to those rights or interests. Unless otherwise permitted by the court, a motion for such an order shall be filed not less than ten days before the materials to which the motion pertains are due to be produced or filed with the court.

(a) At any time after service of process, a party may file
a request for judicial intervention. Except as provided in
subdivision (b) of this section, in an action not yet assigned
to a judge, the court shall not accept for filing a notice
of motion, order to show cause, application for ex parte order,
notice of petition, note of issue, notice of medical, dental
or podiatric malpractice action, statement of net worth pursuant
to section 236 of the Domestic Relations Law or request for
a preliminary conference pursuant to section 202.12(a) of
this Part, unless such notice or application is accompanied
by a request for judicial intervention. Where an application
for poor person relief is made, payment of the fee for filing
the request for judicial intervention accompanying the application
shall be required only upon denial of the application. A request
for judicial intervention must be submitted, in duplicate,
on a form authorized by the Chief Administrator of the Courts,
with proof of service on the other parties to the action (but
proof of service is not required where the application is
ex parte).

(b) The filing of a request for judicial intervention and
payment of the fee required by CPLR 8020(a) for said filing
shall not be required with respect to an application not filed
in an action or proceeding, nor with respect to a petition
for the sale of church property, an application for change
of name, a habeas corpus proceeding where the movant is institutionalized,
an application for default judgment to the clerk pursuant
to CPLR 3215(a), an application under CPLR 3102(e) for court
assistance in obtaining disclosure in an action pending in
another state, a retention proceeding authorized by Article
9 of the Mental Hygiene Law, an appeal to a county court of
a civil case brought in a court of limited jurisdiction, an
application to vacate a judgement on account of bankruptcy,
a motion for an order authorizing emergency surgery, or within
the City of New York, an uncontested action for a judgment
for annulment, divorce or separation commenced pursuant to
Article 9, 10 or 11 of the Domestic Relations Law.

(c) In the counties within the City of New York, when a
request for judicial intervention is filed, the clerk shall
require submission of a copy of the receipt of purchase of
the index number provided by the County Clerk, or a written
statement of the County Clerk that an index number was purchased
in the action. Unless otherwise authorized by the Chief Administrator,
the filing of a request for judicial intervention pursuant
to this section shall cause the assignment of the action to
a judge pursuant to section 202.3 of this Part. The clerk
may require that a self-addressed and stamped envelope accompany
the request for judicial intervention.

(a) There shall be compliance with the procedures prescribed
in the CPLR for the bringing of motions. In addition, except
as provided in subdivision (d) of this section, no motion
shall be filed with the court unless there have been served
and filed with the motion papers (1) a notice of motion, and
(2) with respect to a motion relating to disclosure or to
a bill of particulars, an affirmation that counsel has conferred
with counsel for the opposing party in a good faith effort
to resolve the issues raised by the motion.

(b) The notice of motion shall read substantially as follows:

__________________ COURT OF THE STATE OF NEW YORK

COUNTY OF_______________________

____________________________________ x

A.B.,

Notice of Motion

Plaintiff,

Index No.

-against-

_____________________

C.D.,

Name of Assigned Judge

Defendant

_____________________

Oral argument is requested
(check box if applicable)

____________________________________ x

Upon the affidavit of_____, sworn to on _____, 19 _____,
and upon (list supporting papers if any), the . . . will move
this court (in Room _____) at the ___________ Courthouse,
___________ New York, on the _____day of ___________, 20 _____
, at _____ (a.m.) (p.m.) for an order (briefly indicate relief
requested).

(c) The affirmation of the good faith effort to resolve
the issues raised by the motion shall indicate the time, place
and nature of the consultation and the issues discussed and
any resolutions, or shall indicate good cause why no such
conferral with counsel for opposing parties was held.

(d) An order to show cause or an application for ex parte
relief need not contain the notice of motion set forth in
this section, but shall contain the affirmation of good faith
set forth in this section if such affirmation otherwise is
required by this section.

(e) Ex parte motions submitted to a judge outside of the
county where the underlying action is venued or will be venued
shall be referred to the appropriate court in the county of
venue unless the judge determines that the urgency of the
motion requires immediate determination.

(f) Any application for temporary injunctive relief, including but not limited to a
motion for a stay or a temporary restraining order, shall contain, in addition to the other
information required by this section, an affirmation demonstrating there will be significant
prejudice to the party seeking the restraining order by giving of notice. In the absence of a
showing of significant prejudice, the affirmation must demonstrate that a good faith effort
has been made to notify the party against whom the temporary restraining order is sought of
the time, date and place that the application will be made in a manner sufficient to permit the
party an opportunity to appear in response to the application. This subdivision shall not be
applicable to orders to show cause or motions in special proceedings brought under Article
7 of the Real Property Actions and Proceedings Law, nor to orders to show cause or
motions requesting an order of protection under section 240 of the Domestic Relations Law,
unless otherwise ordered by the court.

1If any party is
appearing pro se, the name, address and telephone number
of such party shall be stated.

(a) All motions shall be returnable before the assigned
judge, and all papers shall be filed with the court on or
before the return date.

(b) Special Procedure for Unassigned Cases. If a case has
not been assigned to a judge, the motion shall be made returnable
before the court, and a copy of the moving papers, together
with a request for judicial intervention, shall be filed
with the court, with proof of service upon all other parties,
where required by section 202.6 of this Part, within five
days of service upon the other parties. The moving party
shall give written notice of the index number to all other
parties immediately after filing of the papers. Copies of
all responding papers shall be submitted to the court, with
proof of service and with the index number set forth in
the papers, on or before the return date. The case shall
be assigned to a judge as soon as practicable after the
filing of the request for judicial intervention pursuant
to section 202.6 of this Part, but in no event later than
the return date. After assignment to the judge, the court
shall provide for appropriate notice to the parties of the
name of the assigned judge. Motion papers noticed to be
heard in a county other than the county where the venue
of the action has been placed by the plaintiff shall be assigned
to a judge in accordance with procedures established by
the Chief Administrator.

(c) The moving party shall serve copies of all affidavits
and briefs upon all other parties at the time of service of
the notice of motion. The answering party shall serve copies
of all affidavits and briefs as required by CPLR 2214. Affidavits
shall be for a statement of the relevant facts, and briefs
shall be for a statement of the relevant law.

(d) Motion papers received by the clerk of the court on
or before the return date shall be deemed submitted as of
the return date. The assigned judge, in his or her discretion
or at the request of a party, thereafter may determine that
any motion be orally argued and may fix a time for oral argument.
A party requesting oral argument shall set forth such request
in its notice of motion or in its order to show cause or on
the first page of the answering papers, as the case may be.
Where all parties to a motion request oral argument, oral
argument shall be granted unless the court shall determine
it to be unnecessary. Where a motion is brought on by order
to show cause, the court may set forth in the order that oral
argument is required on the return date of the motion.

(e)

(1) Stipulations of adjournment of the return date made
by the parties shall be in writing and shall be submitted
to the assigned judge. Such stipulation shall be effective
unless the court otherwise directs. No more than three stipulated
adjournments for an aggregate period of 60 days shall be submitted
without prior permission of the court.

(2) Absent agreement by the parties, a request by any party
for an adjournment shall be submitted in writing, upon notice
to the other party, to the assigned judge on or before the
return date. The court will notify the requesting party whether
the adjournment has been granted.

(f) Where the motion relates to disclosure or to a bill
of particulars, and a preliminary conference has not been
held, the court shall notify all parties of a scheduled date
to appear for a preliminary conference, which shall be not
more than 45 days from the return date of the motion unless
the court orders otherwise, and a form of a stipulation and
order, prescribed by the Chief Administrator of the Courts,
shall be made available which the parties may sign, agreeing
to a timetable which shall provide for completion of disclosure
within 12 months, and for a resolution of any other issues
raised by the motion. If all parties sign the form and return
it to the court before the return date of the motion, such
form shall be "so ordered" by the court, and the
motion shall be deemed withdrawn. If such stipulation is not
returned by all parties, the conference shall be held on the
assigned date. Issues raised by the motion and not resolved
at the conference shall be determined by the court.

(g) Unless the circumstances require settlement of an order,
a judge shall incorporate into the decision an order effecting
the relief specified in the decision.

(h) Reports of Pending Motions in the Supreme Court

(1) To assist in preparing the quarterly report of pending civil matters required by section 4.1 of the Rules of the Chief Judge, the Chief Administrator of the Court or his or her designee shall provide to a justice of the Supreme Court, upon request, an automated open motion report of all motions pending before the justice which appear undecided 60 days after final submission. This open motion report may be used by the justice to assist in the preparation of his or her official quarterly report.

(2) Since motions are decided on a daily basis and further submissions may be received on a pending motion, the only report that shall be considered current is the official quarterly report submitted by the particular justice.

Special proceedings shall be commenced and heard in the
same manner as motions that have not yet been assigned to
a judge as set forth in section 202.8 of this Part, except
that they shall be governed by the time requirements of the
CPLR relating to special proceedings.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.10
to 202.11 [Reserved]

Section
202.12 Preliminary conference.

(a) A party may request a preliminary conference at any
time after service of process. The request shall state the
title of the action; index number; names, addresses and telephone
numbers of all attorneys appearing in the action; and the
nature of the action. If the action has not been assigned
to a judge, the party shall file a request for judicial intervention
together with the request for a preliminary conference. The
request shall be served on all other parties and filed with
the clerk for transmittal to the assigned judge. The court
shall order a preliminary conference in any action upon compliance
with the requirements of this subdivision.

(b) The court shall notify all parties of the scheduled
conference date, which shall be not more than 45 days from
the date the request for judicial intervention is filed unless
the court orders otherwise, and a form of a stipulation and
order, prescribed by the Chief Administrator of the Courts,
shall be made available which the parties may sign, agreeing
to a timetable which shall provide for completion of disclosure
within 12 months of the filing of the request for judicial
intervention for a standard case, or within 15 months of such
filing for a complex case. If all parties sign the form and
return it to the court before the scheduled preliminary conference,
such form shall be "so ordered" by the court, and,
unless the court orders otherwise, the scheduled preliminary
conference shall be cancelled. If such stipulation is not
returned signed by all parties, the parties shall appear at
the conference. Except where a party appears in the action
pro se, an attorney thoroughly familiar with the action and
authorized to act on behalf of the party shall appear at such
conference.

(c) The matters to be considered at the preliminary conference
shall include:

(1) simplification and limitation of factual and legal issues,
where appropriate;

(2) establishment of a timetable for the completion of all
disclosure proceedings, provided that all such procedures
must be completed within the timeframes set forth in subdivision
(b) of this section, unless otherwise shortened or extended
by the court depending upon the circumstances of the case;

(3) Where the court deems appropriate, establishment of the method and scope of any electronic discovery, including but not limited to

(a) retention of electronic data and implementation of a data preservation plan,

(b) scope of electronic data review,

(c) identification of relevant data,

(d) identification and redaction of privileged electronic data,

(e) the scope, extent and form of production,

(f) anticipated cost of data recovery and proposed initial allocation of such cost,

(g) disclosure of the programs and manner in which the data is maintained,

(h) identification of computer system(s) utilized, and

(i) identification of the individual(s) responsible for data preservation;

(4) addition of other necessary parties;

(5) settlement of the action;

(6) removal to a lower court pursuant to CPLR 325, where
appropriate; and

(7) any other matters that the court may deem relevant.

(d) At the conclusion of the conference, the court shall
make a written order including its directions to the parties
as well as stipulations of counsel. Alternatively, in the
court's discretion, all directions of the court and stipulations
of counsel may be recorded by a reporter. Where the latter
procedure is followed, the parties shall procure and share
equally the cost of a transcript thereof unless the court
in its discretion otherwise provides. The transcript, corrected
if necessary on motion or by stipulation of the parties approved
by the court, shall have the force and effect of an order
of the court. The transcript shall be filed by the plaintiff
with the clerk of the court.

(e) The granting or continuation of a special preference
shall be conditional upon full compliance by the party who
has requested any such preference with the foregoing order
or transcript. When a note of issue and certificate of readiness
are filed pursuant to section 202.21 of this Part, in an action
to which this section is applicable, the filing party, in
addition to complying with all other applicable rules of the
court, shall file with the note of issue and certificate of
readiness an affirmation or affidavit, with proof of service
on all parties who have appeared, showing specific compliance
with the preliminary conference order or transcript.

(f) In the discretion of the court, failure by a party to
comply with the order or transcript resulting from the preliminary
conference, or with the so- ordered stipulation provided for
in subdivision (b) of this section, or the making of unnecessary
or frivolous motions by a party, shall result in the imposition
upon such party of costs or such other sanctions as are authorized
by law.

(g) A party may move to advance the date of a preliminary
conference upon a showing of special circumstances.

(h) Motions in actions to which this section is applicable
made after the preliminary conference has been scheduled,
may be denied unless there is shown good cause why such relief
is warranted before the preliminary conference is held.

(i) No action or proceeding to which this section is applicable
shall be deemed ready for trial unless there is compliance
with the provisions of this section and any order issued pursuant
thereto.

(j) The court, in its discretion, at any time may order
such conferences as the court may deem helpful or necessary
in any matter before the court.

(k) The provisions of this section shall apply to preliminary
conferences required in matrimonial actions and actions based
upon a separation agreement, in medical malpractice actions,
and in real property tax assessment review proceedings within
the City of New York, only to the extent that these provisions
are not inconsistent with the provisions of sections 202.16,
202.56 and 202.60 of this Part, respectively.

(l) The provisions of this section shall apply where a request
is filed for a preliminary conference in an action involving
a terminally ill party governed by CPLR 3407 only to the extent
that the provisions of this section are not inconsistent with
the provisions of CPLR 3407. In an action governed by CPLR
3407 the request for a preliminary conference may be filed
at any time after commencement of the action, and shall be
accompanied by the physician's affidavit required by that
provision.

(a) Applicability. This section shall be applicable to residential mortgage foreclosure
actions brought on or after September 1, 2008, involving one- to four-family dwellings
owned and occupied by the defendant where the underlying loan is high-cost, subprime or
non-traditional, as defined in section 6-1 of the Banking Law and section 1304.5(c) and (e)
of the Real Property Actions and Proceedings Law, and was entered into between January
1, 2003, and September 1, 2008.

(b) Request for judicial intervention. At the time that proof of service of the
summons and complaint is filed with the county clerk, plaintiff shall file with the county
clerk a specialized request for judicial intervention (RJI), on a form prescribed by the Chief
Administrator of the Courts, applicable to residential mortgage foreclosure actions covered
by this section. The RJI shall contain the name, address, telephone number and e-mail
address, if available, of the defendant in the action and shall request that a settlement
conference be scheduled.

(c) Settlement conference

(1) The court shall promptly send to the parties a Notice scheduling a
settlement conference to be held within 60 days after the date of the filing of the RJI. The
Notice shall be mailed to all parties or their attorneys, which must include mailing to the
address of the property subject to the mortgage. The Notice shall be on a form prescribed
by the Chief Administrator, and it shall set forth the purpose of the conference, instructions
to the parties on how to prepare for the conference, and what information and documents to
bring to the conference. The Notice shall further provide that the defendant contact the court
by telephone, no later than seven days before the conference is scheduled, to advise whether
the defendant will be able to attend the scheduled conference.

(2) The conference shall include settlement discussions pertaining to the
relative rights and obligations of the parties under the mortgage loan documents, including
determining whether the parties can reach a unilaterally agreeable resolution to help the
defendant avoid losing his or her home, and evaluating the potential for a resolution in which
payment schedules or amounts may be modified or other workout options may be agreed to.
The court may also use the conference for whatever other purposes the court deems
appropriate. Where appropriate, the court may permit a representative of the plaintiff to
attend the conference telephonically or by video-conference.

(3) If the parties appear by counsel, such counsel must be fully authorized to
dispose of the case. If the defendant appears at the conference without counsel, the court
shall treat the defendant as having made a motion to proceed as a poor person and shall
determine whether permission to so appear shall be granted pursuant to the standards set
forth in CPLR 1101.

(4) The court may schedule such other conferences as may be necessary to
help resolve the action.

The Chief Administrator of the Courts may authorize the
creation of a program for the appointment of attorneys as
special masters in designated courts to preside over conferences
and hear and report on applications to the court. Special
masters shall serve without compensation.

Historical Note
Sec. filed Feb. 16, 1988 eff. April 1, 1988.

Section
202.15 Videotape recording of civil depositions.

(a) When Permitted. Depositions authorized under the provisions
of the Civil Practice Law and Rules or other law may be
taken, as permitted by section 3113(b) of the Civil Practice
Law and Rules, by means of simultaneous audio and visual
electronic recording, provided such recording is made in
conformity with this section.

(b) Other Rules Applicable. Except as otherwise provided
in this section, or where the nature of videotaped recording
makes compliance impossible or unnecessary, all rules generally
applicable to examinations before trial shall apply to videotaped
recording of depositions.

(c) Notice of Taking Deposition. Every notice or subpoena
for the taking of a videotaped deposition shall state that
it is to be videotaped and the name and address of the videotape
operator and of the operator's employer, if any. The operator
may be an employee of the attorney taking the deposition.
Where an application for an order to take a videotaped deposition
is made, the application and order shall contain the same
information.

(d) Conduct of the Examination.

(1) The deposition shall begin by one of the attorneys or
the operator stating on camera:

(i) the operator's name and address;

(ii) the name and address of the operator's employer;

(iii) the date, the time and place of the deposition; and

(iv) the party on whose behalf the deposition is being taken.

The officer before whom the deposition is taken shall be
a person authorized by statute and shall identify himself
or herself and swear the witness on camera. If the deposition
requires the use of more than one tape, the end of each tape
and the beginning of each succeeding tape shall be announced
by the operator.

(2) Every videotaped deposition shall be timed by means
of a time-date generator which shall permanently record hours,
minutes and seconds. Each time the videotape is stopped and
resumed, such times shall be orally announced on the tape.

(3) More than one camera may be used, either in sequence
or simultaneously.

(4) At the conclusion of the deposition, a statement shall
be made on camera that the recording is completed. As soon
as practicable thereafter, the videotape shall be shown to
the witness for examination, unless such showing and examination
are waived by the witness and the parties.

(5) Technical data, such as recording speeds and other information
needed to replay or copy the tape, shall be included on copies
of the videotaped deposition.

(e) Copies and Transcription. The parties may make audio
copies of the deposition and thereafter may purchase additional
audio and audio-visual copies. A party may arrange to have
a stenographic transcription made of the deposition at his
or her own expense.

(f) Certification. The officer before whom the videotape
deposition is taken shall cause to be attached to the original
videotape recording a certification that the witness was fully
sworn or affirmed by the officer and that the videotape recording
is a true record of the testimony given by the witness. If
the witness has not waived the right to a showing and examination
of the videotape deposition, the witness shall also sign the
certification in accordance with the provisions of section
3116 of the Civil Practice Law and Rules.

(g) Filing and Objections.

(1) If no objections have been made by any of the parties
during the course of the deposition, the videotape deposition
may be filed by the proponent with the clerk of the trial
court and shall be filed upon the request of any party.

(2) If objections have been made by any of the parties during
the course of the deposition, the videotape deposition, with
the certification, shall be submitted to the court upon the
request of any of the parties within 10 days after its recording,
or within such other period as the parties may stipulate,
or as soon thereafter as the objections may be heard by the
court, for the purpose of obtaining rulings on the objections.
An audio copy of the sound track may be submitted in lieu
of the videotape for this purpose, as the court may prefer.
The court may view such portions of the videotape recording
as it deems pertinent to the objections made, or may listen
to an audiotape recording. The court, in its discretion, may
also require submission of a stenographic transcript of the
portion of the deposition to which objection is made, and
may read such transcript in lieu of reviewing the videotape
or audio copy.

(3)

(i) The court shall rule on the objections prior to the
date set for trial and shall return the recording to the proponent
of the videotape with notice to the parties of its rulings
and of its instructions as to editing. The editing shall reflect
the rulings of the court and shall remove all references to
the objections. The proponent, after causing the videotape
to be edited in accordance with the court's instructions,
may cause both the original videotape recording and the deleted
version of the recording, clearly identified, to be filed
with the clerk of the trial court, and shall do so at the
request of any party. Before such filing, the proponent shall
permit the other party to view the edited videotape.

(ii) The court may, in respect to objectionable material,
instead of ordering its deletion, permit such material to
be clearly marked so that the audio recording may be suppressed
by the operator during the objectionable portion when the
videotape is presented at the trial. In such case the proponent
may cause both the original videotape recording and a marked
version of that recording, each clearly identified, to be
filed with the clerk of the trial court, and shall do so at
the request of any party.

(h) Custody of Tape. When the tape is filed with the clerk
of the court, the clerk shall give an appropriate receipt
for the tape and shall provide secure and adequate facilities
for the storage of videotape recordings.

(i) Use at Trial. The use of videotape recordings of depositions
at the trial shall be governed by the provisions of the
Civil Practice Law and Rules and all other relevant statutes,
court rules and decisional law relating to depositions and
relating to the admissibility of evidence. The proponent
of the videotaped deposition shall have the responsibility
of providing whatever equipment and personnel may be necessary
for presenting such videotape deposition.

(j) Applicability to Audio Taping of Depositions. Except
where clearly inapplicable because of the lack of a video
portion, these rules are equally applicable to the taking
of depositions by audio recording alone. However, in the
case of the taking of a deposition upon notice by audio
recording alone, any party, at least five days before the
date noticed for taking the deposition, may apply to the
court for an order establishing additional or alternate
procedures for the taking of such audio deposition, and
upon the making of the application, the deposition may be
taken only in accordance with the court order.

(k) Cost. The cost of videotaping or audio recording shall
be borne by the party who served the notice for the videotaped
or audio recording of the deposition, and such cost shall
be a taxable disbursement in the action unless the court in
its discretion orders otherwise in the interest of justice.

(l) Transcription for Appeal. On appeal, visual and audio
depositions shall be transcribed in the same manner as other
testimony and transcripts filed in the appellate court.
The visual and audio depositions shall remain part of the
original record in the case and shall be transmitted therewith.
In lieu of the transcribed deposition and, on leave of the
appellate court, a party may request a viewing of portions
of the visual deposition by the appellate court but, in
such case, a transcript of pertinent portions of the deposition
shall be filed as required by the court.

This section shall be applicable to all
contested actions and proceedings in the Supreme Court in
which statements of net worth are required by section 236
of the Domestic Relations Law to be filed and in which a judicial
determination may be made with respect to alimony, counsel
fees, pendente lite, maintenance, custody and visitation,
child support, or the equitable distribution of property,
including those referred to Family Court by the Supreme Court
pursuant to section 464 of the Family Court Act.

(b) Form of Statements of Net Worth.

Sworn statements of
net worth, except as provided in subdivision (k) of this
section, exchanged and filed with the court pursuant to
section 236 of the Domestic Relations Law, shall be in substantial
compliance with the Statement of Net Worth form contained
in Chapter III, Subchapter A of Subtitle D (Forms) of this
Title.

(c) Retainer Agreements

(1) A signed copy of the attorney's retainer agreement
with the client shall accompany the statement of net worth
filed with the court, and the court shall examine the agreement
to assure that it conforms to Appellate Division attorney
conduct and disciplinary rules. Where substitution of counsel
occurs after the filing with the court of the net worth statement,
a signed copy of the attorney's retainer agreement shall
be filed with the court within 10 days of its execution.

(2) An attorney seeking to obtain an interest in any property
of his or her client to secure payment of the attorney's
fee shall make application to the court for approval of said
interest on notice to the client and to his or her adversary.
The application may be granted only after the court reviews
the finances of the parties and an application for attorney's
fees.

(d) Request for Judicial Intervention.

A request for judicial
intervention shall be filed with the court by the plaintiff
no later than 45 days from the date of service of the summons
and complaint or summons with notice upon the defendant,
unless both parties file a notice of no necessity with the
court, in which event the request for judicial intervention
may be filed no later than 120 days from the date of service
of the summons and complaint or summons with notice upon
the defendant. Notwithstanding section 202.6(a) of this
Part, the court shall accept a request for judicial intervention
that is not accompanied by other papers to be filed in court.

(e) Certification.

Every paper served on another party or
filed or submitted to the court in a matrimonial action shall
be signed as provided in section 130-1.1a of this Title.

(f) Preliminary Conference.

(1) In all actions or proceedings to which this section
of the rules is applicable, a preliminary conference shall
be ordered by the court to be held within 45 days after the
action has been assigned. Such order shall set the time and
date for the conference and shall specify the papers that
shall be exchanged between the parties. These papers must
be exchanged no later than 10 days prior to the preliminary
conference, unless the court directs otherwise. These papers
shall include:

(i) statements of net worth, which also shall be filed
with the court no later than 10 days prior to the preliminary
conference;

(ii) all paycheck stubs for the current calendar year and
the last paycheck stub for the immediately preceding calendar
year;

(iii) all filed State and Federal income tax returns for
the previous three years, including both personal returns
and returns filed on behalf of any partnership or closely
held corporation of which the party is a partner or shareholder;

(iv) all W-2 wage and tax statements, 1099 forms, and K-1
forms for any year in the past three years in which the party
did not file State and Federal income tax returns;

(v) all statements of accounts received during the past
three years from each financial institution in which the party
has maintained any account in which cash or securities are
held;

(vi) the statements immediately preceding and following
the date of commencement of the matrimonial action pertaining
to:

(a) any policy of life insurance having a cash or dividend
surrender value; and

(b) any deferred compensation plan of any type or nature
in which the party has an interest including, but not limited
to, Individual Retirement Accounts, pensions, profit- sharing
plans, Keogh plans, 401(k) plans and other retirement plans.

Both parties personally must be present in court at the
time of the conference, and the judge personally shall address
the parties at some time during the conference.

(2) The matters to be considered at the conference may include,
among other things:

(ii) compliance with the requirement of compulsory financial
disclosure, including the exchange and filing of a supplemental
statement of net worth indicating material changes in any
previously exchanged and filed statement of net worth;

(iii) simplification and limitation of the issues;

(iv) the establishment of a timetable for the completion
of all disclosure proceedings, provided that all such procedures
must be completed and the note of issue filed within six months
from the commencement of the conference, unless otherwise
shortened or extended by the court depending upon the circumstances
of the case; and

(v) any other matters which the court shall deem appropriate.

(3) At the close of the conference, the court shall direct
the parties to stipulate, in writing or on the record, as
to all resolved issues, which the court then shall "so
order," and as to all issues with respect to fault, custody
and finance that remain unresolved. Any issues with respect
to fault, custody and finance that are not specifically described
in writing or on the record at that time may not be raised
in the action unless good cause is shown. The court shall
fix a schedule for discovery as to all unresolved issues and,
in a noncomplex case, shall schedule a date for trial not
later than six months from the date of the conference. The
court may appoint a law guardian for the infant children,
or may direct the parties to file with the court, within 30
days of the conference, a list of suitable law guardians for
selection by the court. The court also may direct that a list
of expert witnesses be filed with the court within 30 days
of the conference from which the court may select a neutral
expert to assist the court. The court shall schedule a compliance
conference unless the court dispenses with the conference
based upon a stipulation of compliance filed by the parties.
Unless the court excuses their presence, the parties personally
must be present in court at the time of the compliance conference.
If the parties are present in court, the judge personally
shall address them at some time during the conference.

(g) Expert Witnesses.

(1) Responses to demands for expert information pursuant
to CPLR section 3101(d) shall be served within 20 days following
service of such demands.

(2) Each expert witness whom a party expects to call at
the trial shall file with the court a written report, which
shall be exchanged and filed with the court no later than
60 days before the date set for trial, and reply reports,
if any, shall be exchanged and filed no later than 30 days
before such date. Failure to file with the court a report
in conformance with these requirements may, in the court's
discretion, preclude the use of the expert. Except for good
cause shown, the reports exchanged between the parties shall
be the only reports admissable at trial. Late retention of
experts and consequent late submission of reports shall be
permitted only upon a showing of good cause as authorized
by CPLR 3101(d)(1)(i). In the discretion of the court, written
reports may be used to substitute for direct testimony at
the trial, but the reports shall be submitted by the expert
under oath, and the expert shall be present and available
for cross- examination. In the discretion of the court, in
a proper case, parties may be bound by the expert's report
in their direct case.

(h) Statement of Proposed Disposition.

(1) Each party shall exchange a statement setting forth
the following:

(i) the assets claimed to be marital property;

(ii) the assets claimed to be separate property;

(iii) an allocation of debts or liabilities to specific
marital or separate assets, where appropriate;

(iv) the amount requested for maintenance, indicating and
elaborating upon the statutory factors forming the basis for
the maintenance request;

(v) the proposal for equitable distribution, where appropriate,
indicating and elaborating upon the statutory factors forming
the basis for the proposed distribution;

(vi) the proposal for a distributive award, if requested,
including a showing of the need for a distributive award;

(vii) the proposed plan for child support, indicating and
elaborating upon the statutory factors upon which the proposal
is based; and

(viii) the proposed plan for custody and visitation of any
children involved in the proceeding, setting forth the reasons
therefor.

(2) A copy of any written agreement entered into by the
parties relating to financial arrangements or custody or visitation
shall be annexed to the statement referred to in paragraph
(1) of this subdivision.

(3) The statement referred to in paragraph (1) of this subdivision,
with proof of service upon the other party, shall, with the
note of issue, be filed with the court. The other party, if
he or she has not already done so, shall file with the court
a statement complying with paragraph (1) of this subdivision
within 20 days of such service.

(i) Filing of Note of Issue.

No action or proceeding to
which this section is applicable shall be deemed ready for
trial unless there is compliance with this section by the
party filing the note of issue and certificate of readiness.

(j) Referral to Family Court.

In all actions or proceedings
to which this section is applicable referred to the Family
Court by the Supreme Court pursuant to section 464 of the
Family Court Act, all statements, including supplemental statements,
exchanged and filed by the parties pursuant to this section
shall be transmitted to the Family Court with the order of
referral.

(k) Motions for Alimony, Maintenance, Counsel Fees Pendente
Lite and Child support (other than under section 237(c)
or 238 of the Domestic Relations Law).

Unless, on application
made to the court, the requirements of this subdivision
be waived for good cause shown, or unless otherwise expressly
provided by any provision of the CPLR or other statute,
the following requirements shall govern motions for alimony,
maintenance, counsel fees (other than a motion made pursuant
to section 237(c) or 238 of the Domestic Relations Law for
counsel fees for services rendered by an attorney to secure
the enforcement of a previously granted order or decree)
or child support or any modification of an award thereof:

(1) Such motion shall be made before or at the preliminary
conference, if practicable.

(2) No motion shall be heard unless the moving papers include
a statement of net worth in the official form prescribed by
subdivision (b) of this section.

(3) No motion for counsel fees shall be heard unless the
moving papers also include the affidavit of the movant's attorney
stating the moneys, if any, received on account of such attorney's
fee from the movant or any other person on behalf of the movant,
and the moneys such attorney has been promised by, or the
agreement made with, the movant or other persons on behalf
of the movant, concerning or in payment of the fee.

(4) The party opposing any motion shall be deemed to have
admitted, for the purpose of the motion but not otherwise,
such facts set forth in the moving party's statement of net
worth as are not controverted in:

(i) a statement of net worth, in the official form prescribed
by this section, completed and sworn to by the opposing party,
and made a part of the answering papers; or

(ii) other sworn statements or affidavits with respect to
any fact which is not feasible to controvert in the opposing
party's statement of net worth.

(5) The failure to comply with the provisions of this subdivision
shall be good cause, in the discretion of the judge presiding,
either:

(i) to draw an inference favorable to the adverse party
with respect to any disputed fact or issue affected by such
failure; or

(ii) to deny the motion without prejudice to renewal upon
compliance with the provisions of this section.

(6) The notice of motion submitted with any motion for or
related to interim maintenance or child support shall contain
a notation indicating the nature of the motion. Any such motion
shall be determined within 30 days after the motion is submitted
for decision.

(7) Upon any application for an award of counsel fees or
appraisal/accounting fees made prior to the conclusion of
the trial of the action, the court shall set forth in specific
detail, in writing or on the record, the factors it considered
and the reasons for its decision.

(l) Hearings or trials pertaining to temporary or permanent
custody or visitation shall proceed from day to day conclusion.
With respect to other issues before the court, to the extent
feasible, trial should proceed from day to day to conclusion.

(a) Applicability. This section shall be applicable to all matrimonial actions and proceedings in the Supreme Court authorized by section 236(2) of the Domestic Relations Law.

(b) Service. The plaintiff in a matrimonial action shall cause to be served upon the defendant, simultaneous with the service of the summons, a copy of the automatic orders set forth in this section in a notice that substantially conforms to the notice contained in Appendix F. The automatic orders shall be binding upon the plaintiff immediately upon filing of the summons, or summons and complaint, and upon the defendant immediately upon service of the automatic orders with the summons.

(c) Automatic Orders. The automatic orders served with the summons shall provide as follows:

(1) Neither part shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney's fees in connection with this action.

(2) Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court.

(3) Neither party shall incur unreasonable debts hereafter, including but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney's fees in connection with this action.

(4) Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect.

(5) Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect.

Section
202.17 Exchange of medical reports in personal injury and
wrongful death actions.

Except where the court otherwise directs, in all actions
in which recovery is sought for personal injuries, disability
or death, physical examinations and the exchange of medical
information shall be governed by the provisions hereinafter
set forth:

(a) At any time after joinder of issue and service of a
bill of particulars, the party to be examined or any other
party may serve on all other parties a notice fixing the time
and place of examination. Unless otherwise stipulated, the
examination shall be held not less than 30 nor more than 60
days after service of the notice. If served by any party other
than the party to be examined, the notice shall name the examining
medical provider or providers. If the notice is served by
the party to be examined, the examining parties shall, within
five days of receipt thereof, submit to the party to be examined
the name of the medical providers who will conduct the examination.
Any party may move to modify or vacate the notice fixing the
time and place of examination or the notice naming the examining
medical providers, within 10 days of the receipt thereof,
on the grounds that the time or place fixed or the medical
provider named is objectionable, or that the nature of the
action is such that the interests of justice will not be served
by an examination, exchange of medical reports or delivery
of authorizations.

(b) At least 20 days before the date of such examination,
or on such other date as the court may direct, the party to
be examined shall serve upon and deliver to all other parties
the following, which may be used by the examining medical
provider:

(1) copies of the medical reports of those medical providers
who have previously treated or examined the party seeking
recovery. These shall include a recital of the injuries
and conditions as to which testimony will be offered at
the trial, referring to and identifying those x-ray and
technicians' reports which will be offered at the trial,
including a description of the injuries, a diagnosis and
a prognosis. Medical reports may consist of completed medical
provider, workers' compensation, or insurance forms that
provide the information required by this paragraph;

(2) duly executed and acknowledged written authorizations
permitting all parties to obtain and make copies of all
hospital records and such other records, including x-ray
and technicians' reports, as may be referred to and identified
in the reports of those medical providers who have treated
or examined the party seeking recovery.

(c) Copies of the reports of the medical providers making
examinations pursuant to this section shall be served on all
other parties within 45 days after completion of the examination.
These shall comply with the requirements of paragraph (b)(1)
of this section.

(d) In actions where the cause of death is in issue, each
party shall serve upon all other parties copies of the reports
of all treating and examining medical providers whose testimony
will be offered at the trial, complying with the requirements
of paragraph (b)(1) of this section, and the party seeking
to recover shall deliver to all other parties authorizations
to examine and obtain copies of all hospital records, autopsy
or post-mortem reports, and such other records as provided
in paragraph (b)(2) of this section. Copies of these reports
and the required authorizations shall be served and delivered
with the bill of particulars by the party seeking to recover.
All other parties shall serve copies of the reports of their
medical providers within 45 days thereafter. In any case where
the interests of justice will not be promoted by service of
such reports and delivery of such authorizations, an order
dispensing with either or both may be obtained.

(f) No case otherwise eligible to be noticed for trial may
be noticed unless there has been compliance with this rule,
or an order dispensing with compliance or extending the time
therefor has been obtained; or, where the party to be examined
was served a notice as provided in subdivision (a) of this
section, and the party so served has not responded thereto.

(g) In the event that the party examined intends at the
trial to offer evidence of further or additional injuries
or conditions, nonexistent or not known to exist at the
time of service of the original medical reports, such party
shall, within 30 days after the discovery thereof, and not
later than 30 days before trial, serve upon all parties
a supplemental medical report complying with the requirements
of paragraph (b)(1) of this section, and shall specify a
time, not more than 10 days thereafter, and a place at which
a further examination may be had. Further authorizations
to examine and make copies of additional hospital records,
other records, x-ray or other technicians' reports as provided
in paragraph (b)(2) of this section must also be delivered
with the medical reports. Copies of the reports of the examining
medical providers, complying with the requirements of subdivision
(c) of this section, shall be served within 10 days after
completion of such further examination. If any party desires
at the trial to offer the testimony of additional treating
or examining medical providers, other than whose medical
reports have been previously exchanged, the medical reports
of such medical providers, complying with the requirements
of paragraph (b)(1) of this section, shall be served upon
all parties at least 30 days before trial.

(h) Unless an order to the contrary is made, or unless
the judge presiding at the trial in the interests of justice
and upon a showing of good cause shall hold otherwise, the
party seeking to recover damages shall be precluded at the
trial from offering in evidence any part of the hospital
records and all other records, including autopsy or post-mortem
records, x-ray reports or reports of other technicians, not
made available pursuant to this rule, and no party shall
be permitted to offer any evidence of injuries or conditions
not set forth or put in issue in the respective medical
reports previously exchanged, nor will the court hear the
testimony of any treating or examining medical providers
whose medical reports have not been served as provided by
this rule.

(i) Orders transferring cases pending in other courts which
are subject to the provisions of this section, whether or
not such cases are consolidated with cases pending in the
court to which transferred, shall contain such provisions
as are required to bring the transferred cases into compliance
with this rule.

(j) Any party may move to compel compliance or to be relieved
from compliance with this rule or any provision thereof, but
motions directed to the sufficiency of medical reports must
be made within 20 days of receipt of such reports. All motions
under this rule may be made on affidavits of attorneys, shall
be made on notice, and shall be granted or denied on such
terms as to costs, calendar position and dates of compliance
with any provision of this rule as the court in its discretion
shall direct.

(k) Where an examination is conducted on consent prior to
the institution of an action, the party to be examined shall
deliver the documents specified in paragraphs (b)(1) and (2)
of this section, and the report of the examining medical provider
shall be delivered as provided in subdivision (c) of this
section. In that event, examination after institution of the
action may be waived. The waiver, which shall recite that
medical reports have been exchanged and that all parties waive
further physical examination, shall be filed with the note
of issue. This shall not be a bar, however, to proceeding
under subdivision (g) of this section in a proper case.

In any action or proceeding tried without a jury to which
section 237 of the Domestic Relations Law applies, the court
may appoint a psychiatrist, psychologist, social worker or
other appropriate expert to give testimony with respect to
custody or visitation, and may appoint an accountant, appraiser,
actuary or other appropriate expert to give testimony with
respect to equitable distribution or a distributive award.
In the First and Second Judicial
Departments, appointments shall be made as appropriate from a panel of mental health
professionals pursuant to 22 NYCRR Parts 623 and 680. The cost of such expert witness shall be paid by a party or
parties as the court shall direct.

(a) Applicability. This section shall apply to such categories
of cases designated by the Chief Administrator of the Courts
as being subject to differentiated case management, and shall
be implemented in such counties, courts or parts of courts
as designated by the Chief Administrator. The provisions of
section 202.12 of this Part, relating to the preliminary conference,
and section 202.26 of this Part, relating to the pretrial
conference, shall apply to the extent not inconsistent with
this section.

(b) Preliminary Conference.

(1) In all actions and proceedings to which this section
of the rules is applicable, a preliminary conference shall
be ordered by the court to be held within 45 days after the
request for judicial intervention is filed.

(2) At the preliminary conference, the court shall designate
the track to which the case shall be assigned in accordance
with the following:

(i) Expedited--discovery to be completed within eight months;

(ii) Standard--discovery to be completed within 12 months;
and

(iii) Complex--discovery to be completed within 15 months.

The timeframes must be complied with unless otherwise shortened
or extended by the court depending upon the circumstances
of the case.

(3) No later than 60 days before the date fixed for completion
of discovery, a compliance conference shall be held to monitor
the progress of discovery, explore potential settlement, and
set a deadline for the filing of the note of issue.

(c) Pretrial Conference.

(1) A pretrial conference shall be held within 180 days
of the filing of the Note of Issue.

(2) At the pretrial conference, the court shall fix a date
for the commencement of trial, which shall be no later than
eight weeks after the date of the conference.

(a) General. No action or special proceeding shall be deemed
ready for trial or inquest unless there is first filed a note
of issue accompanied by a certificate of readiness, with proof
of service on all parties entitled to notice, in the form
prescribed by this section. Filing of a note of issue and
certificate of readiness is not required for an application
for court approval of the settlement of the claim of an infant,
incompetent or conservatee. The note of issue shall include
the County Clerk's index number; the name of the judge to
whom the action is assigned; the name, office address and
telephone number of each attorney who has appeared; the name,
address and telephone number of any party who has appeared
pro se; and the name of any insurance carrier acting on behalf
of any party. Within 10 days after service, the original note
of issue, and the certificate of readiness where required,
with proof of service where service is required, shall be
filed in duplicate with the County Clerk together with payment
of the calendar fee prescribed by CPLR 8020 or a copy of an
order permitting the party filing the note of issue to proceed
as a poor person, and a duplicate original with proof of service
shall be filed with the clerk of the trial court. The County Clerk shall forward one of the duplicate originals of the
note of issue to the clerk of the trial court stamped "Fee
Paid" or "Poor Person Order."

(b) Forms. The note of issue and certificate of readiness
shall read substantially as follows:

NOTE
OF ISSUE

Calendar No. (if any)______

For
use of clerk

Index No______________

_________________Court,________________________County

Name of assigned judge_______________________________________

Notice
for trial

Trial
by jury demanded

_____

_____ of all issues
_____ of issues specified below
_____ or attached hereto

Trial without jury

_____

Filed
by attorney for

__________________________

Date
summons served

__________________________

Date
service completed

__________________________

Date
issue joined

__________________________

Nature of action or special
proceeding

Tort

Motor vehicle negligence

Medical malpractice

Other tort

_________

_________

_________

Contract
Contested matrimonia

Uncontested matrimonial

Tax certiorar
Condemnation

_________

_________

_________

Tax Centiorari

_________

Special preference claimed

under __________________________

on the ground that ______________

________________________________

Condemnation
Other (not itemized above) (specify)

Indicate if this action is brought
as a class action

__________________

_________

Attorney(s) for Plaintiff(s)
Office and P.O. Address:

Phone No.

Attorney(s) for Defendant(s)
Office and P.O. Address:

Phone No.

Amount demanded $ ________________

Other relief _________________

Insurance carrier(s), if known:

NOTE: The clerk will not accept this note of issue unless
accompanied by a certificate of readiness.

CERTIFICATE OF READINESS FOR TRIAL

(Items 1-7 must be checked)

Complete

Waived

Not
required

1. All pleadings served.

2. Bill of particulars served.

3. Physical examinations
completed.

4. Medical reports exchanged.

5. Appraisal reports exchanged.

6. Compliance with section 202.16
of the Rules of the Chief Administrator (22 NYCRR 202.16)
in matrimonial actions.

7. Discovery proceedings now known
to be necessary completed.

8. There are no outstanding requests
for discovery.

9. There has been a reasonable opportunity
to complete the foregoing proceedings.

10. There has been compliance with
any order issued pursuant to section 202.12 of the Rules
of the Chief Administrator (22 NYCRR 202.12).

11. If a medical malpractice
action, there has been
compliance with any order issued pursuant to section
202.56 of the Rules of the Chief Administrator (22 NYCRR
202.56).

12. The
case is ready for trial.

Dated:____________________

(Signature)____________________

Attorney(s) for:____________________

Office and P.O. address:____________________

(c) Jury Trials. A trial by jury may be demanded as provided
by CPLR 4102. Where a jury trial has been demanded, the
action or special proceeding shall be scheduled for jury
trial upon payment of the fee prescribed by CPLR 8020
by the party first filing the demand. If no demand for
a jury trial is made, it shall constitute a waiver by
all parties and the action or special proceeding shall
be scheduled for nonjury trial.

(d) Pretrial Proceedings. Where a party is prevented from
filing a note of issue and certificate of readiness because
a pretrial proceeding has not been completed for any reason
beyond the control of the party, the court, upon motion
supported by affidavit, may permit the party to file a note
of issue upon such conditions as the court deems appropriate.
Where unusual or unanticipated circumstances develop subsequent
to the filing of a note of issue and certificate of readiness
which require additional pretrial proceedings to prevent
substantial prejudice, the court, upon motion supported
by affidavit, may grant permission to conduct such necessary
proceedings.

(e) Vacating Note of Issue. Within 20 days after service
of a note of issue and certificate of readiness, any party
to the action or special proceeding may move to vacate the
note of issue, upon affidavit showing in what respects the
case is not ready for trial, and the court may vacate the
note of issue if it appears that a material fact in the
certificate of readiness is incorrect, or that the certificate
of readiness fails to comply with the requirements of this
section in some material respect. However, the 20-day time
limitation to make such motion shall not apply to tax assessment
review proceedings. After such period, except in a tax assessment
review proceeding, no such motion shall be allowed except
for good cause shown. At any time, the court on its own
motion may vacate a note of issue if it appears that a material
fact in the certificate of readiness is incorrect, or that
the certificate of readiness fails to comply with the requirements
of this section in some material respect. If the motion
to vacate a note of issue is granted, a copy of the order
vacating the note of issue shall be served upon the clerk
of the trial court.

(f) Reinstatement of Note of Issue. Motions to reinstate
notes of issue vacated pursuant to this section shall be
supported by a proper and sufficient certificate of readiness
and by an affidavit by a person having first-hand knowledge
showing that there is merit to the action, satisfactorily
showing the reasons for the acts or omissions which led
to the note of issue being vacated, stating meritorious
reasons for its reinstatement and showing that the case
is presently ready for trial.

(g) Limited Specification of Damages Demanded in Certain
Actions. This subdivision shall apply only in counties where
the Chief Administrator of the Courts has established arbitration
programs pursuant to Part 28 of the Rules of the Chief Judge
of the State of New York pertaining to the arbitration of
certain actions (22 NYCRR Part 28). In a medical malpractice
action or an action against a municipality seeking a sum
of money only, where the party filing the note of issue
is prohibited by the provisions of CPLR 3017(c) from stating
in the pleadings the amount of damages sought in the action,
the party shall indicate on the note of issue whether the
amount of damages exceeds $6,000, exclusive of costs and
interest. If it does not, the party shall also indicate
if it exceeds $2,000, exclusive of costs and interest.

(h) Change in Title of Action. In the event of a change
in title of an action by reason of a substitution of any
party, no new note of issue will be required. Notice of
such substitution and change in title shall be given to
the assigned judge and to the clerk within 10 days of the
date of an order or stipulation effecting the party substitution
or title change.

(1) Uncontested matrimonial actions, proceedings for dissolution
of marriages and applications of declaratory judgments shall
be assigned to judges or special parts of court as the Chief
Administrator shall authorize.

(2) There shall be a Unified Court System Uncontested Divorce
Packet which shall contain the official forms for use in
uncontested matrimonial actions. The Packet shall be available
in the office of the Clerk of the Supreme Court in each
county, and the forms shall be filed with the appropriate
clerk in accordance with the instructions in the Packet.
These forms shall be accepted by the Court for obtaining
an uncontested divorce, and no other forms shall be necessary.
The Court, in its discretion, may accept other forms that
comply with the requirements of law.

(3) The proposed judgments shall be numbered in the order
in which they are received and submitted in sequence to the
judge or referee.

(4) Unless the court otherwise directs, the proof required
by statute must be in writing, by affidavits, which shall
include a sufficient factual statement to establish jurisdiction,
as well as all elements of the cause of action warranting
the relief sought.

(5) If the judge or referee believes that the papers are
insufficient, the complaint shall either be dismissed for
failure of proof or a hearing shall be directed to determine
whether sufficient evidence exists to support the cause of
action.

(6) Whether upon written proof or at the conclusion of a
hearing, the judge or referee shall render a decision and
sign the findings of fact, conclusions of law and the judgment,
unless for reasons stated on the record decision is reserved.

(7) Where a hearing has been held, no transcript of testimony
shall be required as a condition precedent to the signing
of the judgment, unless the judge or referee presiding shall
so direct.

(a) A judge to whom cases are assigned under the individual
assignment system may establish such calendars of cases as
the judge shall deem necessary or desirable for proper case
management. These calendars may include:

(1) Preliminary Conference Calendar. A preliminary conference
calendar is for the calendaring for conference of cases
in which a note of issue and certificate of readiness have
not yet been filed.

(2) Motion Calendar. A motion calendar is for the hearing
of motions.

(3) General Calendar. A general calendar is for actions
in which a note of issue and a certificate of readiness
have been filed but which have not as yet been transferred
to a pretrial conference calendar or a calendar containing
cases that are ready for trial.

(4) Pretrial Conference Calendar. A pretrial conference
calendar is for actions awaiting conference after the note
of issue and certificate of readiness have been filed.

(5) Reserve Calendar. A reserve calendar is for actions
that have had a pretrial conference or where such conference
was dispensed with by the court, but where the actions have
not yet been transferred to a ready calendar.

(6) Ready Calendar. A ready calendar is for actions in
which a trial is imminent.

(7) Military Calendar. A military calendar is for cases
where a party to an action or a witness necessary upon the
trial is in military service, and is not presently available
for trial, and a deposition cannot be taken, or, if taken,
would not provide adequate evidence.

(8) Continuous Calendars. In any court not continuously
in session, the calendars at the close of one term shall
be used to open the following term and actions on the calendars
shall retain their positions.

(b) Calendar Progression. With due regard to the requirements
of statutory preferences and of section 202.24 of this Part,
when actions are advanced from one calendar to another they
shall progress from the head of one calendar to the foot
of the next calendar and otherwise progress in order insofar
as practicable unless otherwise determined by the court.

(c) Call of Calendars. Judges to whom actions and proceedings
are assigned pursuant to the individual assignment system
may schedule calls of any calendars they have established
at such times as they deem appropriate.

(d) Readiness for Trial. When an action has been announced
"ready" but a trial is not immediately available,
counsel may arrange with the judge to be summoned by telephone,
provided they agree to hold themselves available and to
appear on one hour's notice, or at such other time as the
court may order, at the time assigned for trial.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.23
[Reserved]

Section
202.24 Special Preferences.

(a) Applications. Any party claiming a preference under
CPLR 3403 may apply to the court in the manner prescribed
by that rule.

(b) Special Requirements in Personal Injury and Wrongful
Death Action. A party seeking a preference pursuant to CPLR
3403(a)(3) in an action for damages for personal injuries
or for causing death shall serve and file in support of
the demand or application, whether in the note of issue
or subsequent thereto, a copy of:

(1) the summons;

(2) the complaint, answer and bill of particulars, conforming
to CPLR 3043 and 3044;

(3) each report required by this Part to be served by the
parties relating to medical information;

(4) a statement that the venue of the action was properly
laid; and

(5) all other papers material to the application.

(c) Counterclaims and Cross-Claims. A counterclaim or cross-claim
which is not entitled to a preference shall not itself defeat
the plaintiff's right to a preference under this section.

(d) Result of Preference Being Granted. If a preference
is granted, the case shall be placed ahead of all nonpreferred
cases pending as of that date, unless the court otherwise
orders.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.25 Objections to Applications for Special Preference.

(a) Within 20 days of the filing of the note of issue, if
the notice of motion for a special preference is filed therewith,
or within 10 days of the service of a notice of motion to
obtain a preference, if served and filed subsequent to service
and filing of the note of issue, any other party may serve
upon all other parties, and file with the court affidavits
and other relevant papers, with proof of service, in opposition
to granting the preference. In the event opposing papers are
filed, the party applying for the preference may, within five
days thereafter, serve and file in like manner papers in rebuttal.

(b) In any action which has been accorded a preference in
trial upon a motion, the court shall not be precluded, on
its own motion at any time thereafter, from ordering that
the action is not entitled to a preference under these rules.

(c) Notwithstanding the failure of any party to oppose the
application, no preference shall be granted by default unless
the court finds that the action is entitled to a preference.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.26 Pretrial Conference.

(a) After the filing of a note of issue and certificate
of readiness in any action, the judge shall order a pretrial
conference, unless the judge dispenses with such a conference
in any particular case.

(b) To the extent practicable, pretrial conferences shall
be held not less than 15 nor more than 45 days before trial
is anticipated.

(c) The judge shall consider at the conference with the
parties or their counsel the following:

(1) simplification and limitation of the issues;

(2) obtaining admission of fact and of documents to avoid
unnecessary proof;

(3) disposition of the action, including scheduling the
action for trial;

(4) amendment of pleadings or bill of particulars;

(5) limitation of number of expert witnesses; and

(6) insurance coverage, where relevant.

The judge also may consider with the parties any other matters
deemed relevant.

(d) In actions brought under the simplified procedure sections
of the CPLR, the court shall address those matters referred
to in CPLR 3036(5).

(e) Where parties are represented by counsel, only attorneys
fully familiar with the action and authorized to make binding
stipulations, or accompanied by a person empowered to act
on behalf of the party represented, will be permitted to appear
at a pretrial conference. Where appropriate, the court may order parties, representatives of parties, representatives of insurance carriers or persons having an interest in any settlement, including those holding liens on any settlement or verdict, to also attend in person or telephonically at the settlement conference. Plaintiff shall submit marked copies
of the pleadings. A verified bill of particulars and a doctor's
report or hospital record, or both, as to the nature and extent
of injuries claimed, if any, shall be submitted by the plaintiff
and by any defendant who counterclaims. The judge may require
additional data, or may waive any requirement for submission
of documents on suitable alternate proof of damages. Failure
to comply with this subdivision may be deemed a default under
CPLR 3404. Absence of an attorney's file shall not be an acceptable
excuse for failing to comply with this subdivision.

(f) If any action is settled or discontinued by stipulation
at a pretrial conference, complete minutes of such stipulation
shall be made at the direction of the court. Such transcribed
stipulation shall be enforceable as though made in open court.

(g)

(1) At the pretrial conference, if it appears that the action
falls within the monetary jurisdiction of a court of limited
jurisdiction, there is nothing to justify its being retained
in the court in which it is then pending, and it would be
reached for trial more quickly in a lower court, the judge
shall order the case transferred to the appropriate lower
court, specifying the paragraph of CPLR 325 under which the
action is taken.

(2) With respect to transfers to the New York City Civil
Court pursuant to CPLR 325, if, at the pretrial conference,
the conditions in paragraph (1) of this subdivision are
met except that the case will not be reached for trial more
quickly in the lower court, the judge, in his or her discretion,
may order the case so transferred if it will be reached
for trial in the lower court within 30 days of the conference.
In determining whether the action will be reached for trial
in the lower court within 30 days, the judge shall consult
with the administrative judge of his or her court, who shall
advise, after due inquiry, whether calendar conditions and
clerical considerations will permit the trial of actions
in the lower court within the 30-day timeframe. If the action
is not transferred to a lower court, it shall be tried in
the superior court in its proper calendar progression.

At any scheduled call of a calendar or at any conference,
if all parties do not appear and proceed or announce their
readiness to proceed immediately or subject to the engagement
of counsel, the judge may note the default on the record and
enter an order as follows:

(a) If the plaintiff appears but the defendant does not,
the judge may grant judgment by default or order an inquest;

(b) If the defendant appears but the plaintiff does not,
the judge may dismiss the action and may order a severance
of counterclaims or cross-claims;

(c) If no party appears, the judge may make such order as
appears just.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.28 Discontinuance of Civil Actions.

In any discontinued action, the attorney for the defendant shall file a stipulation or statement of discontinuance with the county clerk within 20 days of such discontinuance. If the action has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.

Unless the court otherwise provides, where the attorney
of record for any party arranges for another attorney to conduct
the trial, the trial counsel must be identified in writing
to the court and all parties no later than 15 days after the
pretrial conference or, if there is no pretrial conference,
at least 10 days before trial. The notice must be signed by
both the attorney of record and the trial counsel.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.32 Engagement of Counsel.

No adjournment shall be granted on the ground of engagement
of counsel except in accordance with Part 125 of the Rules
of the Chief Administrator of the Courts (22 NYCRR Part 125).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.33 Conduct of the Voir Dire.

(a) Trial Judge. All references to the trial judge in this
section shall include any judge designated by the administrative
judge in those instances where the case processing system
or other logistical considerations do not permit the trial
judge to perform the acts set forth in this section.

(b) Pre-Voir Dire Settlement Conference. Where the court
has directed that jury selection begin, the trial judge
shall meet prior to the actual commencement of jury selection
with counsel who will be conducting the voir dire and shall
attempt to bring about a disposition of the action.

(c) Method of Jury Selection. The trial judge shall direct
the method of jury selection that shall be used for the
voir dire from among the methods specified in subdivision
(f) of this section.

(d) Time Limitations. The trial judge shall establish time
limitations for the questioning of prospective jurors during
the voir dire. At the discretion of the judge, the limits
established may consist of a general period for the completion
of the questioning, a period after which attorneys shall
report back to the judge on the progress of the voir dire,
and/or specific time periods for the questioning of Panels
of jurors or individual jurors.

(e) Presence of Judge at the Voir Dire. In order to ensure
an efficient and dignified selection process, the trial
judge shall preside at the commencement of the voir dire
and open the voir dire proceeding. The trial judge shall
determine whether supervision of the voir dire should continue
after the voir dire has commenced and, in his or her discretion,
preside over part of or all of the remainder of the voir
dire.

(f) Methods of Jury Selection. Counsel shall select prospective
jurors in accordance with the general principles applicable
to jury selection set forth in subdivision (g) of this section
and using the method designated by the judge pursuant to
subdivision (c) of this section. The methods that may be
selected are:

(1) "White's method," as set forth in subdivision
(g) of this section;

(2) "struck method," as set forth in subdivision
(g) of this section;

(3) "strike and replace method," in districts
where the specifics of that method have been submitted to
the Chief Administrator by the Administrative Judge and approved
by the Chief Administrator for that district. The strike and
replace method shall be approved only in those districts where
the Chief Administrator, in his or her discretion, has determined
that experience with the method in the district has resulted
in an efficient and orderly selection process; or

(4) other methods that may be submitted to the Chief Administrator
for use on an experimental basis by the appropriate Administrative
Judge and approved by the Chief Administrator.

(g) Procedures for questioning, challenging and selecting
jurors authorized by section 202.33 of the Rules of the Chief
Administrator of the Courts.

APPENDIX E

Procedures for questioning, challenging and selecting jurors
authorized by
section 202.33 of the Rules of the Chief Administrator of
the Courts.

A. General principles applicable to jury selection.Selection
of jurors pursuant to any of the methods authorized by section
202.33(e) of the Rules of the Chief Administrator shall be
governed by the following:

(1) If for any reason jury selection cannot proceed immediately,
counsel shall return promptly to the courtroom of the assigned
trial judge or the Trial Assignment Part or any other designated
location for further instructions.

(2) Generally, a total of eight jurors, including two alternates,
shall be selected. The court may permit a greater number of
alternates if a lengthy trial is expected or for any appropriate
reason. Counsel may consent to the use of "nondesignated"
alternate jurors, in which event no distinction shall be made
during jury selection between jurors and alternates, but the
number of peremptory challenges in such cases shall consist
of the sum of the peremptory challenges that would have been
available to challenge both jurors and designated alternates.

(3) All prospective jurors shall complete a background questionnaire
supplied by the court in a form approved by the Chief Administrator.
Prior to the commencement of jury selection, completed questionnaires
shall be made available to counsel. Upon completion of jury
selection, or upon removal of a prospective juror, the questionnaires
shall be either returned to the respective jurors or collected
and discarded by court staff in a manner that ensures juror
privacy. With Court approval, which shall take into consideration
concern for juror privacy, the parties may supplement the
questionnaire to address concerns unique to a specific case.

(4) During the voir dire each attorney may state generally
the contentions of his or her client, and identify the parties,
attorneys and the witnesses likely to be called. However,
counsel may not read from any of the pleadings in the action
or inform potential jurors of the amount of money at issue.

(5) Counsel shall exercise peremptory challenges outside
of the presence of the Panel of prospective jurors.

(6) Counsel shall avoid discussing legal concepts such as
burden of proof, which are the province of the court.

(7) If an unusual delay or a lengthy trial is anticipated,
counsel may so advise prospective jurors.

(8) If counsel objects to anything said or done by any other
counsel during the selection process, the objecting counsel
shall unobtrusively request that all counsel step outside
of the juror's presence, and counsel shall make a determined
effort to resolve the problem. Should that effort fail, counsel
shall immediately bring the problem to the attention of the
assigned trial judge, the Trial Assignment Part judge or any
other designated judge.

(9) After jury selection is completed, counsel shall advise
the clerk of the assigned Trial Part or of the Trial Assignment
Part or other designated part. If counsel anticipates the
need during trial of special equipment (if available) or special
assistance, such as an interpreter, counsel shall so inform
the clerk at that time.

B. "White's Method"

(1) Prior to the identification of the prospective jurors
to be seated in the jury box, counsel shall ask questions
generally to all of the jurors in the room to determine whether
any prospective juror in the room has knowledge of the subject
matter, the parties, their attorneys or the prospective witnesses.
A response from a juror that requires elaboration may be the
subject of further questioning of that juror by counsel on
an individual basis. Counsel may exercise challenges for cause
at this time.

(2) After general questions have been asked to the group
of prospective jurors, jury selection shall continue in rounds,
with each round to consist of the following: (1) seating prospective
jurors in the jury box; (2) questioning of seated prospective
jurors; and (3) removal of seated prospective jurors upon
exercise of challenges. Jurors removed for cause shall immediately
be replaced during each round. The first round shall begin
initially with the seating of six prospective jurors (where
undesignated alternates are used, additional prospective jurors
equal to the number of alternate jurors shall be seated as
well).

(3) In each round, the questioning of the seated prospective
jurors shall be conducted first by counsel for the plaintiff,
followed by counsel for the remaining parties in the order
in which their names appear in the caption. Counsel may be
permitted to ask follow-up questions. Within each round, challenges
for cause shall be exercised by any party prior to the exercise
of peremptory challenges and as soon as the reason therefor
becomes apparent. Upon replacement of a prospective juror
removed for cause, questioning shall revert to the plaintiff.

(4) Following questioning and the exercise of challenges
for cause, peremptory challenges shall be exercised one at
a time and alternately as follows: In the first round, in
caption order, each attorney shall exercise one peremptory
challenge by removing a prospective juror's name from a "board"
passed back and forth between or among counsel. An attorney
alternatively may waive the making of a peremptory challenge.
An attorney may exercise a second, single peremptory challenge
within the round only after all other attorneys have either
exercised or waived their first peremptory challenges. The
board shall continue to circulate among the attorneys until
no other peremptory challenges are exercised. An attorney
who waives a challenge may not thereafter exercise a peremptory
challenge within the round, but may exercise remaining peremptory
challenges in subsequent rounds. The counsel last able to
exercise a peremptory challenge in a round is not confined
to the exercise of a single challenge but may then exercise
one or more peremptory challenges.

(5) In subsequent rounds, the first exercise of peremptory
challenges shall alternate from side to side. Where a side
consists of multiple parties, commencement of the exercise
of peremptory challenges in subsequent rounds shall rotate
among the parties within the side. In each such round, before
the board is to be passed to the other side, the board must
be passed to all remaining parties within the side, in caption
order, starting from the first party in the rotation for that
round.

(6) At the end of each round, those seated jurors who remain
unchallenged shall be sworn and removed from the room. The
challenged jurors shall be replaced, and a new round shall
commence.

(7) The selection of designated alternate jurors shall take
place after the selection of the six jurors. Designated alternate
jurors shall be selected in the same manner as described above,
with the order of exercise of peremptory challenges continuing
as the next round following the last completed round of challenges
to regular jurors. The total number of peremptory challenges
to alternates may be exercised against any alternate, regardless
of seat.

C. "Struck Method"

(1) Unless otherwise ordered by the Court, selection of
jurors shall be made from an initial Panel of 25 prospective
jurors, who shall be seated randomly and who shall maintain
the order of seating throughout the voir dire. If fewer prospective
jurors are needed due to the use of designated alternate jurors
or for any other reason, the size of the Panel may be decreased.

(2) Counsel first shall ask questions generally to the prospective
jurors as a group to determine whether any prospective juror
has knowledge of the subject matter, the parties, their attorneys
or the prospective witnesses. A response from a juror that
requires further elaboration may be the subject of further
questioning of that juror by counsel on an individual basis.
Counsel may exercise challenges for cause at this time.

(3) After the general questioning has been completed, in
an action with one plaintiff and one defendant, counsel for
the plaintiff initially shall question the prospective jurors,
followed by questioning by defendant's counsel. Counsel may
be permitted to ask follow-up questions. In cases with multiple
parties, questioning shall be undertaken by counsel in the
order in which the parties' names appear in the caption. A
challenge for cause may be made by counsel to any party as
soon as the reason therefor becomes apparent. At the end of
the period, all challenges for cause to any prospective juror
on the Panel must have been exercised by respective counsel.

(4) After challenges for cause are exercised, the number
of prospective jurors remaining shall be counted. If that
number is less than the total number of jurors to be selected
(including alternates, where non-designated alternates are
being used) plus the maximum number of peremptory challenges
allowed by the court or by statute that may be exercised by
the parties (such sum shall be referred to as the "jury
Panel number"), additional prospective jurors shall be
added until the number of prospective jurors not subject to
challenge for cause equals or exceeds the jury Panel number.
Counsel for each party then shall question each replacement
juror pursuant to the procedure set forth in paragraph (3).

(5) After all prospective jurors in the Panel have been
questioned, and all challenges for cause have been made, counsel
for each party, one at a time beginning with counsel for the
plaintiff, shall then exercise allowable peremptory challenges
by alternately striking a single juror's name from a list
or ballot passed back and forth between or among counsel until
all challenges are exhausted or waived. In cases with multiple
plaintiffs and/or defendants, peremptory challenges shall
be exercised by counsel in the order in which the parties'
names appear in the caption, unless following that order would,
in the opinion of the court, unduly favor a side. In that
event, the court, after consulting with the parties, shall
specify the order in which the peremptory challenges shall
be exercised in a manner that shall balance the interests
of the parties. An attorney who waives a challenge may not
thereafter exercise a peremptory challenge. Any Batson or
other objections shall be resolved by the court before any
of the struck jurors are dismissed.

(6) After all peremptory challenges have been made, the
trial jurors (including alternates when non-designated alternates
are used) then shall be selected in the order in which they
have been seated from those prospective jurors remaining on
the Panel.

(7) The selection of designated alternate jurors shall take
place after the selection of the six jurors. Counsel shall
select designated alternates in the same manner set forth
in these rules, but with an initial Panel of not more than
10 prospective alternates unless otherwise directed by the
court. The jury Panel number for designated alternate jurors
shall be equal to the number of alternates plus the maximum
number of peremptory challenges allowed by the court or by
statute that may be exercised by the parties. The total number
of peremptory challenges to alternates may be exercised against
any alternate, regardless of seat.

Historical Note
Sec. filed Dec. 7, 1995 eff. Jan. 1, 1996.

Section
202.34 [Reserved]

Section
202.35 Submission of papers for trial.

(a) Upon the trial of an action, the following papers, if
not yet submitted, shall be submitted to the court by the
party who has filed the note of issue:

(1) copies of all pleadings marked as required by CPLR 4012;
and

(2) a copy of the bill of particulars, if any.

(b) Upon the trial of an action, a copy of any statutory
provision in effect at the time the cause of action arose
shall be submitted to the court by the party who intends to
rely upon such statute.

(c) If so ordered, the parties shall submit to the court,
before the commencement of trial, trial memoranda which shall
be exchanged among counsel.

All trial counsel shall remain in attendance at all stages
of the trial until the jury retires to deliberate, unless
excused by the judge presiding. The court may permit counsel
to leave, provided that counsel remain in telephone contact
with the court. Any counsel not present during the jury deliberation,
further requests to charge, or report of the jury verdict
shall be deemed to stipulate that the court may proceed in
his or her absence and to waive any irregularity in proceedings
taken in his or her absence.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.37 to 202.39 [Reserved]

Section
202.40 Jury trial of less than all issues; procedure.

Unless otherwise ordered by the court, whenever a trial
by jury is demanded on less than all issues of fact in an
action, and such issues as to which a trial by jury is demanded
have been specified in the note of issue or in the jury demand,
as the case may be, served and filed pursuant to section 202.21
of this Part, the court without a jury first shall try all
issues of fact as to which a trial by jury is not demanded.
If the determination of these issues by the court does not
dispose of the action, a jury shall be emPanelled to try the
issues as to which a trial by jury is demanded.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.41 [Reserved]

Section
202.42 Bifurcated trials.

(a) Judges are encouraged to order a bifurcated trial of
the issues of liability and damages in any action for personal
injury where it appears that bifurcation may assist in a clarification
or simplification of issues and a fair and more expeditious
resolution of the action.

(b) Where a bifurcated trial is ordered, the issues of liability
and damages shall be severed and the issue of liability shall
be tried first, unless the court orders otherwise.

(c) During the voir dire conducted prior to the liability
phase of the trial, if the damage phase of the trial is to
be conducted before the same jury, counsel may question the
prospective jurors with respect to the issue of damages in
the same manner as if the trial were not bifurcated.

(d) In opening to the jury on the liability phase of the
trial, counsel may not discuss the question of damages. However,
if the verdict of the jury shall be in favor of the plaintiff
on the liability issue or in favor of the defendant on any
counterclaim on the liability issue, all parties shall then
be afforded an opportunity to address the jury on the question
of damages before proof in that regard is presented to the
jury.

(e) In the event of a plaintiff's verdict on the issue of
liability or a defendant's verdict on the issue of liability
on a counterclaim, the damage phase of the trial shall be
conducted immediately thereafter before the same judge and
jury, unless the judge presiding over the trial, for reasons
stated in the record, finds such procedures to be impracticable.

(a) No application to refer an action or special proceeding
to a judicial hearing officer or referee will be entertained
unless a note of issue, where required, has been filed and
the index number is set forth in the moving papers and the
proposed order.

(b) The proposed order of reference shall be presented in
duplicate, and a signed original order shall be delivered
to the referee. If such order is not presented for signature
within 20 days after the court directs a reference, the application
shall be deemed abandoned.

(c) The proposed order of reference, and the actual order
of reference, shall indicate whether the reference is one
to hear and determine or to hear and report.

(d) Every order of reference which does not set forth a
date certain for commencement of the trial or hearing shall
contain the following provision:

and it is further ORDERED that if trial of the issue or
action hereby referred is not begun within 60 days from the
date of this order, or before such later date as the referee
or judicial hearing officer may fix upon good cause shown,
this order shall be cancelled and revoked, shall be remitted
by the referee or judicial hearing officer to the court from
which it was issued, and the matter hereby referred shall
immediately be returned to the court for trial.

(e) The term "referee" in this section shall include, but
not be limited to, commissioners of appraisal, and shall
not include receivers or referees in incompetency proceedings
or mortgage foreclosure proceedings.

(a) When a judicial hearing officer or referee appointed
to hear and report has duly filed his or her report, together
with the transcript of testimony taken and all papers and
exhibits before him or her in the proceedings, if any, and
has duly given notice to each party of the filing of the report,
the plaintiff shall move on notice to confirm or reject all
or part of the report within 15 days after notice of such
filing was given. If plaintiff fails to make the motion, the
defendant shall so move within 30 days after notice of such
filing was given.

(b) If no party moves as specified above, the court, on
its own motion, shall issue its determination. Costs of such
motion, including reasonable attorneys' fees, shall be borne
by the parties pro rata, except a party who did not request
any relief. However, the Attorney General of New York, or
State, Federal or local governmental agencies or officers
thereof, shall not be liable for costs. This subdivision shall
not apply to a reference to a special referee or a judicial
hearing officer or to a reference to a referee in an uncontested
matrimonial action.

(c) The term "referee" in this section shall be used as
defined in section 202.43(e) of this Part.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.45 Rescheduling after jury disagreement, mistrial or order
for new trial.

An action in which there has been an inability by a jury
to reach a verdict, a mistrial or a new trial granted by the
trial justice or an appellate court shall be rescheduled for
trial. Where a new trial is granted by an appellate court,
a notice to reschedule shall be filed with the appropriate
clerk.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.46 Damages, inquest after default; proof.

(a) In an inquest to ascertain damages upon a default, pursuant
to CPLR 3215, if the defaulting party fails to appear in person
or by representative, the party entitled to judgment, whether
a plaintiff, third-party plaintiff, or a party who has pleaded
a cross-claim or counterclaim, may be permitted to submit,
in addition to the proof required by CPLR 3215(e), properly
executed affidavits as proof of damages.

(b) In any action where it is necessary to take an inquest
before the court, the party seeking damages may submit the
proof required by oral testimony of witnesses in open court
or by written statements of the witnesses, in narrative or
question-and-answer form, signed and sworn to.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.47 Transcript of judgment; receipt stub.

Whenever a County Clerk issues a transcript of judgment,
which shall be in the form prescribed by law, such clerk shall
at the same time issue a stub. Such stub shall be 3 5/8 x
8 1/2 inches and shall have imprinted thereon the name and
address of the issuing County Clerk. The stub shall also contain
such other information as shall be required to identify it
with the transcript with which it was issued, so that it may
be readily identified upon its return to the issuing County Clerk, with the name of, and the date of receipt by, the receiving
clerk endorsed thereon.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.48 Submission of orders, judgments and decrees for signature.

(a) Proposed orders or judgments, with proof of service
on all parties where the order is directed to be settled or
submitted on notice, must be submitted for signature, unless
otherwise directed by the court, within 60 days after the
signing and filing of the decision directing that the order
be settled or submitted.

(b) Failure to submit the order or judgment timely shall
be deemed an abandonment of the motion or action, unless for
good cause shown.

(c)

(1) When settlement of an order or judgment is directed
by the court, a copy of the proposed order or judgment with
notice of settlement, returnable at the office of the clerk
of the court in which the order or judgment was granted, or
before the judge if the court has so directed or if the clerk
is unavailable, shall be served on all parties either:

(i) by personal service not less than five days before the
date of settlement; or

(ii) by mail not less than 10 days before the date of settlement.

(2) Proposed counter-orders or judgments shall be made returnable on the same date and
at the same place, and shall be served on all parties by personal service, not less than two
days, or by mail, not less than seven days, before the date of settlement. Any proposed
counter-order or judgment shall be submitted with a copy clearly marked to delineate each
proposed change to the order or judgment to which objection is made.

(a) Form of Judgments. Findings and conclusions shall be
in a separate paper from the judgment, which papers shall
be labelled "FINDINGS OF FACT AND CONCLUSIONS OF LAW"
and "JUDGMENT," respectively.

(b) Approved Forms.

(1) Contested Actions. The paragraphs contained in Chapter
III, Subchapter B of Subtitle D (Forms) of this Title, modified
or deleted as may be necessary to conform to the law and
facts in a particular action, shall be used in the preparation
of
" FINDINGS OF FACT AND CONCLUSIONS OF LAW," "JUDGMENT,"
or "REFEREE'S REPORT OF FINDINGS OF FACT AND CONCLUSIONS
OF LAW." Parenthesized portions indicate alternative
provisions.

(2) Uncontested Actions. Parties in uncontested matrimonial
actions shall use the forms in the Unified Court System
Uncontested Divorce Packet as set forth in section 202.21(i)(2)
of this Part, unless the court permits otherwise pursuant
to that section.

(c) Judgments submitted to the court shall be accompanied
by a complete form UCS 111 (Child Support Summary Form).

In all actions in which the accounts of a receiver appointed
in an action for the dissolution of a corporation are presented
for settlement or to be passed upon by the court, a notice
or a copy of an advertisement requiring the creditors to present
their claims to a referee must be mailed, with the postage
thereon prepaid, to each creditor whose name appears on the
books of the corporation, at least 20 days before the date
specified in such notice or advertisement. Proof of such mailing
shall be required on the application for a final decree passing
the accounts of the receiver unless proof is furnished that
personal service of such notice or copy of advertisement has
been made upon the creditors.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.52 Deposit of funds by receivers and assignees.

(a) Every receiver or assignee who, as such, receives any
funds shall promptly deposit them in a checking account or
in an interest-bearing account, as determined by the court,
in a bank or trust company designated by the court. Such account
shall be in his or her name as receiver or assignee and shall
show the name of the case. The depository shall furnish monthly
statements to the receiver or assignee and to the attorney
for the receiver or the assignee.

(b) No funds shall be withdrawn from a receiver's or assignee's
account, and no check thereon shall be honored, unless directed
by court order or the check is countersigned by the receiver's
or assignee's surety.

(c) The order appointing a receiver or assignee shall incorporate
subdivisions (a) and (b) of this section.

(d) All checks by a receiver or assignee for the withdrawal
of moneys shall be numbered consecutively. On the stub of
each check shall be noted the number, the date, the payee's
name and the purpose for which the check is drawn. Checkbooks,
stubs, cancelled checks and bank statements of such bank accounts
shall be maintained at the office of the receiver or assignee,
or his or her attorney, and shall be available for inspection
by creditors or parties during business hours.

(e) Receivers shall file with the court an accounting at
least once each year. An application by a receiver for final
settlement of his or her account, or by an assignee for leave
to sell assets, shall include a County Clerk's certificate
stating the date that the bond of the applicant was filed,
that it is still on file and that no order has been entered
cancelling the bond or discharging the surety thereon.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.53 Trust accountings; procedure.

(a) Applications by trustees for interlocutory or final
judgments or final orders in trust accountings or to terminate
trusts shall be by notice of petition or order to show cause
after the account has been filed in the County Clerk's office.

(b) In all actions involving an accounting of a testamentary
trustee or a trustee under a deed, notice must be given to
the State Tax Commission before the accounts of such trustees
may be approved.

(c) Where all parties file a written consent to the entry
of a judgment or order, it may be presented at a motion part
for consideration by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.54 Proceedings relating to appointments of guardians with
respect to patients in facilities defined in the Mental Hygiene
Law.

Where a patient in a facility defined in the Mental Hygiene
Law is the subject of a proceeding for the appointment of
a guardian, pursuant to the Mental Hygiene Law or Article
17-A of the Surrogate's Court Procedure Act, or for any substitute
for or successor to such person:

(a) A copy of the notice of application for the appointment
shall be served on the director of the Mental Hygiene Legal
Service in the department in which the facility is located.
The director shall submit to the court for its consideration
such papers as the director may deem appropriate.

(b) Within 10 days after the order determining the application
is signed, a copy shall be served on the director.

(c) Within 10 days after qualification of the guardian,
proof of qualification shall be served on the director.

(d) A notice of an application for a judicial accounting
by the guardian shall be served on the director.

(e) With respect to a patient in a facility located in a
judicial department other than the department where the proceeding
is initiated, copies of the application, order or proof of
qualification shall be served upon the directors in both departments.

(f) Whenever the patient, or a person on behalf of the patient,
or the director requests a court hearing, at least five days
notice, if notice is given personally or by delivery at the
home of the person receiving notice, or eight days notice,
if notice is given by mail, excluding Sundays and holidays,
of the date and place of the hearing, shall be given to the
patient and any person requesting the hearing.

Section
202.55 Procedure for perfection of civil appeals to the County
Court.

(a) Within 20 days after the papers described in section
1704 of the Uniform Justice Court Act or section 1704 of the
Uniform City Court Act have been filed with the County Court,
appellants shall notice the appeal for the next term or special
term of County Court by filing with the clerk of the County
Court, not less than 14 days prior to the date for which the
appeal has been noticed, a notice of argument and a brief
or statement of contentions with proof of service of a copy
of each upon respondent. Respondent's papers shall be filed
with the judge of the County Court within 12 days after service
of appellant's brief or statement of contentions, with proof
of service of a copy upon appellant.

(b) If appellant does not comply herewith, the County Court
may, upon respondent's motion or upon its own motion, dismiss
the appeal.

(c) Upon motion, the County Court judge hearing the appeal
may for good cause shown extend the time to a subsequent term
or special term, in which case the appellant must notice the
appeal for such subsequent term. Unless otherwise ordered
by the court, appeals may be submitted without oral argument.
Motions for reargument may be made after decision is rendered,
and must be made within 30 days after service upon the moving
party of a copy of the order entered on the decision, with
written notice of its entry.

(1) Within 60 days after joinder of issued by all defendants
named in the complaint in an action for medical, dental or
podiatric malpractice, or after the time for a defaulting
party to appear, answer or move with respect to a pleading
has expired, the plaintiff shall obtain an index number and
file a notice of such medical, dental or podiatric malpractice
action with the appropriate clerk of the county of venue,
together with:

(i) proof of service of the notice upon all other parties
to the action;

(ii) proof that, if demanded, authorizations to obtain medical,
dental and hospital records have been served upon the defendants
in the action;

(iii) copies of the summons, notice of appearance and all
pleadings, including the certificate of merit if required
by CPLR 3012-a;

(iv) a copy of the bill of particulars, if one has been
served;

(v) a copy of any arbitration demand, election of arbitration
or concession of liability served pursuant to CPLR 3045; and

(vi) if requested and available, all information required
by CPLR 3101(d)(1)(i).The notice shall be served simultaneously
upon all such parties. If the bill of particulars, papers
served pursuant to CPLR 3045, and information required by
CPLR 3101(d)(1)(i) are not available, but later become available,
they shall be filed with the court simultaneously when served
on other parties. The notice shall be in substantially the
following form:

Notice of Medical, Dental or Podiatric Malpractice Action

Malpractice
Calendar No.
(if any)________________________

________________________________

Reserved
for Clerk's use

Index No._____________________

Name of Assigned Judge
_____________________

SUPREME COURT

________________________________

County

________________________________

________________________________

Plaintiff(s)

VS.

________________________________

Defendant(s)

Please take notice that the above action
for medical, dental or podiatric malpractice was commenced
by service of summons on_____, that issue was joined therein
on _____, and that the action has not been dismissed, settled
or otherwise terminated.

1. State full name, address
and age of each plaintiff.

2. State full name and
address of each defendant.

3. State
alleged medical specialty of each individual defendant,
if known.

Proof is attached that
authorizations to obtain medical, dental, podiatric and
hospital records have been served upon the defendants
in the action

________

or

demand has not been made
for such authorizations.

________

(b)

Copies of the summons,
notice of appearance, all pleadings, certificate of merit,
if required, and the bill of particulars if one has been
served, are attached.

________

(c)

A copy of any demand
for arbitration, election of arbitration or concession
of liability is attached

________

or

demand has not been made
for arbitration.

________

(d)

All information required
by CPLR 3101(d)(1)(i) is attached

________

or

a request for such information
has not been made

________

or

such information is not
available.

________

8. State
name, addresses and telephone numbers of counsel for all
parties.

_______________________

(PRINT NAME)

Attorney for Plaintiff
Address
Telephone number

Dated:

Instructions:

1. Attach additional 8 1/2 x 11 rider sheets if necessary.

2. Attach proof of service of this notice upon all other
parties to the action.

(2) The filing of the notice of medical, dental or podiatric
malpractice action in an action to which a judge has not been
assigned shall be accompanied by a request for judicial intervention,
pursuant to section 202.6 of this Part, and shall cause the
assignment of the action to a judge.

(3) Such notice shall be filed after the expiration of 60
days only by leave of the court on motion and for good cause
shown. The court shall impose such conditions as may be just,
including the assessment of costs.

(b) Medical, Dental and Podiatric Malpractice Preliminary
Conference.

(1) The judge, assigned to the medical, dental or podiatric
malpractice action, as soon as practicable after the filing
of the notice of medical, dental or podiatric malpractice
action, shall order and conduct a preliminary conference and
shall take whatever action is warranted to expedite the final
disposition of the case, including but not limited to:

(i) directing any party to utilize or comply forthwith with
any pretrial disclosure procedure authorized by the Civil
Practice Law and Rules;

(ii) fixing the date and time for such procedures, provided
that all such procedures must be completed within 12 months
of the filing of the notice of medical, dental or podiatric
malpractice action unless otherwise ordered by the court;

(iii) establishing a timetable for offers and depositions
pursuant to CPLR 3101(d)(1)(ii);

(iv) directing the filing of a note of issue and a certificate
of readiness when the action otherwise is ready for trial
provided that the filing of the note of issue and certificate
of readiness, to the extent feasible, be no later than 18
months after the notice of medical, dental or podiatric malpractice
action is filed;

(v) fixing a date for trial;

(vi) signing any order required;

(vii) discussing and encouraging settlement, including use
of the arbitration procedures set forth in CPLR 3045;

(viii) limiting issues and recording stipulations of counsel;
and

(ix) scheduling and conducting any additional conferences
as may be appropriate.

(2) A party failing to comply with a directive of the court
authorized by the provisions of this subdivision shall be
subject to appropriate sanctions, including costs, imposition
of appropriate attorney's fees, dismissal of an action, claim,
cross-claim, counterclaim or defense, or rendering a judgment
by default. A certificate of readiness and a note of issue
may not be filed until a preliminary conference has been held
pursuant to this subdivision.

(3) Where parties are represented by counsel, only attorneys
fully familiar with the action and authorized to make binding
stipulations or commitments, or accompanied by a person empowered
to act on behalf of the party represented, shall appear at
the conference.

Section
202.57 Judicial review of orders of the State Division of
Human Rights; procedure.

(a) Any complainant, respondent or other person aggrieved
by any order of the State Commissioner of Human Rights or
the State Division of Human Rights may obtain judicial review
of such order by commencing a special proceeding, within 60
days after service of the order, in the Supreme Court in the
county where the alleged discriminatory practice which is
the subject of the order occurred or where any person required
by the order to cease and desist from an unlawful discriminatory
practice or to take other affirmative action resides or transacts
business. Such proceeding shall be commenced by the filing
of a notice of petition and petition naming as respondents
the State Division of Human Rights and all other parties appearing
in the proceeding before the State Division of Human Rights.

(b) Except as set forth in subdivision (c) of this section,
and unless otherwise ordered by the court, the State Division
of Human Rights shall have 20 days after service of the notice
of petition and petition to file with the court the written
transcript of the record of all prior proceedings upon which
its order was made.

(c) Where the petition seeks review of an order issued after
a public hearing held pursuant to section 297(4)(a) of the
Executive Law:

(1) the petition shall have annexed to it a copy of such
order;

(2) the Supreme Court, upon the filing of the petition,
shall make an order directing that the proceeding be transferred
for disposition to the Appellate Division in the judicial
department embracing the county in which the proceeding was
commenced; and

(3) the time and manner of the filing of the written transcript
of the record of all prior proceedings shall be determined
by the Appellate Division to which the proceeding is transferred.

(1) There is hereby established in the Supreme Court of
the State of New York in each county a program to hear special
proceedings for small claims tax assessment review pursuant
to title 1-A of Article 7 of the Real Property Tax Law; provided,
however, that insofar as Hamilton County may lack required
personnel and facilities, Fulton and Hamilton Counties shall
be deemed one county for the purposes of this rule.

(2) There also is established in the Supreme Court in each
county within the City of New York a program to hear special
proceedings for small claims sidewalk assessment review pursuant
to section 19-152.3 of the Administrative Code of the City
of New York.

(b) Commencement of Small Claims Tax Assessment Review
Proceeding.

(1) A special proceeding pursuant to title 1-A of Article
7 of the Real Property Tax shall be commenced by a petition
in a form in substantial compliance with the forms prescribed
by the Chief Administrator of the Courts. Forms shall be available
at no cost at each County Clerk's office.

(2) Three copies of the petition shall be filed with the
County Clerk in the county in which the property is located
within 30 days after the final completion and filing of the
assessment roll containing the assessment at issue, except
that in the City of New York, the petition shall be filed
before the 25th day of October following the time when the
determination sought to be reviewed was made. The petition
may be filed with the County Clerk by ordinary mail if mailed
within the 30-day time period, or in the City of New York,
if mailed prior to the 25th day of October, as evidenced by
the postmark. A filing fee of $25 shall be paid at the time
of filing, which may be in the form of a check payable to
the County Clerk.

(3) Within 10 days of filing the petition with the County Clerk, the petitioner shall send by mail, a copy of the petition
to:

(i) the clerk of the assessing unit named in the petition
or, if there is no such clerk, to the officer who performs
the customary duties of the clerk, except that in the City
of New York the petition shall be mailed to the president
of the New York City Tax Commission or to a designee of the
president;

(ii) except in the cities of Buffalo, New York, Rochester,
Syracuse and Yonkers, to the clerk of any school district
within which any part of the real property on which the assessment
to be reviewed is located or, if there is no clerk of the
school district or such name and address cannot be obtained,
to a trustee of the school district;

(iii) the treasurer of any county in which any part of the
real property is located; and

(iv) the clerk of a village which has enacted a local law,
in accordance with the provisions of subdivision 3 of section
1402 of the Real Property Tax Law, providing that the village
shall cease to be an assessing unit and that village taxes
shall be levied on a copy of the part of the town or county
assessment roll.

(4) The County Clerk shall assign a small claims assessment
review filing number to each petition, shall retain one copy
and shall forward two copies within two days of filing to
the clerk designated by the appropriate administrative judge
to process assessment review petitions.

(1) A special proceeding pursuant to section 19-152.3 of
the Administrative Code of the City of New York shall be commenced
by a petition in a form prescribed by the Department of Transportation
of the City of New York in consultation with the Office of
Court Administration. Forms shall be available at no cost
at each County Clerk's office within the City of New York.

(2) Three copies of the petition shall be filed with the
County Clerk in the county in which the property is located,
provided that at least 30 days have elapsed from the presentation
of the notice of claim to the Office of the Comptroller pursuant
to section 19-152.2 of the Administrative Code. The petition
may be filed with the County Clerk by ordinary mail. A filing
fee of $25 shall be paid at the time of filing, which may
be in the form of a check payable to the County Clerk.

(3) Within seven days of filing the petition with the County Clerk, the petitioner personally shall deliver or send by
certified mail, return receipt requested, a copy of the petition
to the Commissioner of Transportation of the City of New York
or the commissioner's designee.

(4) The County Clerk shall assign a sidewalk assessment
review filing number to each petition, shall retain one copy
and shall forward two copies within two days of filing to
the clerk designated by the appropriate administrative judge
to process sidewalk assessment review petitions.

(d) Selection of Hearing Officer Panels.

(1) The Chief Administrator of the Courts shall establish
Panels of small claims hearing officers found qualified to
hear small claims tax assessment review proceedings pursuant
to title 1-A of Article 7 of the Real Property Tax Law and
Panels of small claims hearing officers found qualified to
hear small claims sidewalk assessment review proceedings pursuant
to section 19-152.3(d) of the Administrative Code of the City
of New York.

(2) The administrative judge of the county in which the
Panel will serve, or the deputy chief administrative judge
for the courts within the City of New York, if the Panel is
to serve in New York City, shall invite applicants to apply
by publishing an announcement in the appropriate law journals,
papers of general circulation or trade journals, and by communicating
directly with such groups as may produce qualified candidates.

(3) The announcements and communications shall set forth
the nature of the position, the qualifications for selection
as contained in section 731 of the Real Property Tax Law,
or section 19-152.3(d) of the Administrative Code of the City
of New York, and the compensation.

(4) The administrative judge shall screen each applicant
in conformance with the requirements set forth in section
731 of the Real Property Tax Law or section 19-152.3(d) of
the Administrative Code of the City of New York, for qualifications,
character and ability to handle the hearing officer responsibilities,
and shall forward the names of recommended nominees, with
a summary of their qualifications, to the Chief Administrator
for appointment.

(5) Hearing officers shall serve at the pleasure of the
Chief Administrator, and their appointments may be rescinded
by the chief administrator at any time.

(6) The Chief Administrator may provide for such orientation
courses, training courses and continuing education courses
for persons applying to be hearing officers and for persons
serving on hearing officer Panels as the Chief Administrator
may deem necessary and desirable.

(e) Assignment of Hearing Officers.

(1) The assessment review clerk of the county in which the
Panel will serve shall draw names of hearing officers at random
from the Panel and shall assign to each hearing officer at
least the first three, but no more than six, petitions filed
with the County Clerk pursuant to these rules; provided, however,
where necessary to ensure the fair and expeditious administration
of justice, the Chief Administrator may authorize the assignment
of related petitions and the assignment of more than six petitions
to a single hearing officer.

(2) No person who has served as a hearing officer shall
be eligible to serve again until all other hearing officers
on the Panel have had an opportunity to serve.

(3) A hearing officer shall disqualify himself or herself
from hearing a matter where a conflict exists as defined by
the Public Officers Law or, with respect to small claims tax
assessment review hearing officers, by subdivision 2 of section
731 of the Real Property Tax Law. Where a hearing officer
disqualifies himself or herself, such hearing officer shall
notify the chief administrator or designee and the matter
shall be reassigned to another hearing officer.

(4) The hearing officer shall determine, after contacting
the parties, the date, time and place for the hearing, which
shall be held within 45 days with respect to a small claims
tax assessment review proceeding, and within 30 days with
respect to a small claims sidewalk assessment review proceeding,
after the filing of the petition, or as soon thereafter as
is practicable, and which shall be held, where practicable,
at a location within the county where the real property is
located. The hearing officer shall schedule hearings in the
evening at the request of any party, unless special circumstances
require otherwise. Written notice of the date, time and place
of the hearing shall be sent by mail by the hearing officer
to the parties or their attorneys, if represented, at least
10 working days prior to the date of the hearing; provided,
however, failure to receive such notice in such period shall
not bar the holding of a hearing.

(5) Adjournments shall not be granted by the hearing officer
except upon good cause shown.

(6) All parties are required to appear at the hearing. Failure
to appear shall result in the petition being dismissed or
in the petition being determined upon inquest by the hearing
officer based upon the available evidence submitted.

(f) Decision and Order.

(1) The decision and order of the hearing officer shall
be rendered expeditiously and, in a small claims tax assessment
review proceeding, the notice required by section 733(4) of
the Real Property Tax Law shall be attached to the petition
form.

(2) Costs.

(i) In a small claims tax assessment review proceeding,
if the assessment is reduced by an amount equal to or greater
than half the reduction sought, the hearing officer shall
award the petitioner costs against the respondent assessing
unit in the amount of $25. If the assessment is reduced by
an amount less than half of the reduction sought, the hearing
officer may award the petitioner costs against the respondent
assessing unit in an amount not to exceed $25.

(ii) In a small claims sidewalk assessment review proceeding,
if the hearing officer grants the petition in full or in part,
the hearing officer shall award the petitioner costs against
the respondent in the amount of $25. In any other case, the
hearing officer, in his or her discretion, may award the petitioner
costs in the amount of $25, if he or she deems it appropriate.

(3) The hearing officer in a small claims tax assessment
review proceeding shall transmit one copy of the decision
and order, by ordinary mail, to the petitioner, the clerk
of the assessing unit and the assessment review clerk of the
court. The hearing officer in a small claims sidewalk assessment
review proceeding shall transmit one copy of the decision
and order, by ordinary mail, to the petitioner, the Commissioner
of Transportation of the City of New York or the commissioner's
designee, and the assessment review clerk of the court.

(4) The assessment review clerk shall file the petition
and the attached decision and order with the County Clerk.

(5) The assessment review clerk shall make additional copies
of the decision and order, as necessary, and, in the case
of a small claims tax assessment review proceeding, shall
transmit a copy to the clerk of each tax district relying
on the assessment that is named in the petition and to the
treasurer of any county in which any part of the real property
is located. In the case of a small claims sidewalk assessment
review proceeding, where the order grants the petition in
full or in part, the assessment review clerk shall mail a
copy of the decision and order to the Collector of the City
of New York.

(g) Advertising by Hearing Officers. No person who is appointed
a hearing officer shall, in any public advertisement published
or distributed to advance such person's business or professional
interests, refer to his or her status as a hearing officer.
No hearing officer shall use letterhead or business cards
bearing the title of hearing officer except in direct connection
with such person's official duties as hearing officer.

(h)

(1) Proceedings pursuant to Title 1-A of Article 7 of the
Real Property Tax Law may be heard and determined by a judicial
hearing officer. The judicial hearing officer shall be designated
and assigned by the appropriate administrative judge to
hear such proceedings as determined by that judge or by
the assessment review clerk, and the hearing shall be conducted
in accordance with this section.

(2) Judicial hearing officers appointed to hear proceedings
pursuant to this section shall receive compensation as provided
in section 122.8 of the rules of this Title. A location in
which a hearing is held pursuant to this section shall be
deemed a "facility designated for court appearances"
within the meaning of section 122.8 of this Title.

(i) Collateral Proceedings. All applications for judicial
relief shall be made in the Supreme Court in the county
where the real property subject to review is located. If
a judicial hearing officer has heard and determined a proceeding
under the section, any application for judicial relief may
not be heard by a judicial hearing officer, except upon
consent of the parties.

Section
202.59 Tax assessment review proceedings in counties outside
the City of New York; special rules.

(a) Applicability. This section shall apply to every tax
assessment review proceeding brought pursuant to title 1 of
Article 7 of the Real Property Tax Law in counties outside
the City of New York.

(b) Statement of Income and Expenses. Before the note of
issue and certificate of readiness may be filed, the petitioner
shall have served on the respondent, in triplicate, a statement
that the property is not income- producing, or a copy of
a verified or certified statement of the income and expenses
on the property for each tax year under review. For the
purposes of this section, a cooperative or condominium apartment
building shall be considered income-producing property;
an owner-occupied business property shall be considered
income-producing as determined by the amount reasonably
allocable for rent, but the petitioner is not required to
make an estimate of rental income.

(c) Audit. Within 60 days after the service of the statement
of income and expenses, the respondent, for the purpose of
substantiating petitioner's statement of income and expenses,
may request in writing an audit of the petitioner's books
and records for the tax years under review. If requested,
the audit must be completed within 120 days after the request
has been made unless the court, upon good cause shown, extends
the time for the audit. Failure of the respondent to request
or complete the audit within the time limits shall be deemed
a waiver of such privilege. If an audit is requested and the
petitioner fails to furnish its books and records within a
reasonable time after receipt of the request, or otherwise
unreasonably impedes or delays the audit, the court, on motion
of the respondent, may dismiss the petition or petitions or
make such other order as the interest of justice requires.

(1) A note of issue and certificate of readiness shall not
be filed unless all disclosure proceedings have been completed
and the statement of income and expenses has been served and
filed.

(2) A separate note of issue shall be filed for each property
for each tax year.

(e) Pretrial Conference.

(1) At any time after filing of the note of issue and certificate
of readiness, any party to a tax assessment review proceeding
may demand, by application served on all other parties and
filed with the court, together with proof of such service,
a pretrial conference, or the court on its own motion may
direct a pretrial conference at a time and date to be fixed
by the court. At the pretrial conference, the judge shall
take whatever action is warranted to expedite final disposition
of the proceedings, including, but not limited to:

(i) directing the parties to obtain appraisals and sales
reports, and to exchange and file appraisal reports and sales
reports by dates certain before the trial, provided that if
the court dispenses with a pretrial conference, such exchange
and filings shall be accomplished at least 10 days before
trial;

(ii) fixing a date for trial, or by which the parties must
be ready for trial;

(iii) signing any order required;

(iv) conducting conferences for the purpose of facilitating
settlement; and

(v) limiting issues and recording stipulations of counsel.

(2) Failure to comply with any order or directive of the
court authorized by this subdivision shall be subject to the
appropriate sanctions.

(f) Consolidation or Joint Trial. Consolidation or joint
trial of real property tax assessment review proceedings
in the discretion of the court shall be conditioned upon
service having been made of the verified or certified income
and expense statement, or a statement that the property
is not income-producing, for each of the tax years under
review.

(g) Exchange and Filing of Appraisal Reports.

(1) The exchange and filing of appraisal reports shall be
accomplished by the following procedure:

(i) The respective parties shall file with the clerk of
the trial court one copy, or in the event that there are two
or more adversaries, a copy for each adversary, of all appraisal
reports intended to be used at the trial.

(ii) When the clerk shall have received all such reports,
the clerk forthwith shall distribute simultaneously to each
of the other parties a copy of the reports filed.

(iii) Where multiple parties or more than one parcel is
involved, each appraisal report need be served only upon the
taxing authority and the party or parties contesting the value
of the property which is the subject of the report. Each party
shall provide an appraisal report copy for the court.

(2) The appraisal reports shall contain a statement of the
method of appraisal relied on and the conclusions as to value
reached by the expert, together with the facts, figures and
calculations by which the conclusions were reached. If sales,
leases or other transactions involving comparable properties
are to be relied on, they shall be set forth with sufficient
particularity as to permit the transaction to be readily identified,
and the report shall contain a clear and concise statement
of every fact that a party will seek to prove in relation
to those comparable properties. The appraisal reports also
may contain photographs of the property under review and of
any comparable property that specifically is relied upon by
the appraiser, unless the court otherwise directs.

(3) Where an appraiser appraises more than one parcel in
any proceeding, those parts of the separate appraisal reports
for each parcel that would be repetitious may be included
in one general appraisal report to which reference may be
made in the separate appraisal reports. Such general appraisal
reports shall be served and filed as provided in paragraph
(1) of this subdivision.

(4) Appraisal reports shall comply with any official form
for appraisal reports that may be prescribed by the Chief
Administrator of the Courts.

(h) Use of Appraisal Reports at Trial. Upon the trial,
expert witnesses shall be limited in their proof of appraised
value to details set forth in their respective appraisal
reports. Any party who fails to serve an appraisal report
as required by this section shall be precluded from offering
any expert testimony on value; provided, however, upon the
application of any party on such notice as the court shall
direct, the court may, upon good cause shown, relieve a party
of a default in the service of a report, extend the time
for exchanging reports, or allow an amended or supplemental
report to be served upon such conditions as the court may
direct. After the trial of the issues has begun, any such
application must be made to the trial judge and shall be
entertained only in unusual and extraordinary circumstances.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.60 Tax assessment review proceedings in counties within
the City of New York; special rules.

(a) Applicability. This section shall apply to every tax
assessment review proceeding brought pursuant to title 1 of
Article 7 of the real Property Tax Law in a county within
the City of New York.

(b) Preliminary Conference.

(1) Any party to a tax assessment review proceeding may
demand, by application served on all other parties and filed
with the court, together with proof of such service, a preliminary
conference, or the court on its own motion may direct a preliminary
conference. The court, in its notice to the parties setting
the date for the conference, shall direct the petitioner to
serve upon the respondent by a date certain before the date
of the conference, the completed statement of income and expenses
required by this section, together with any ancillary papers
or documents that may be necessary. No note of issue may be
filed until a preliminary conference has been held.

(2) The judge presiding at the preliminary conference shall
take whatever action is warranted to expedite final disposition
of the case, including but not limited to:

(i) directing any party to utilize or comply by a date certain
with any pretrial disclosure or bill of particulars procedure
authorized by the Civil Practice Law and Rules;

(ii) directing the parties to obtain appraisals and sales
reports, and to exchange and file appraisal reports and sales
reports by dates certain before the trial;

(iii) directing the filing of a note of issue and certificate
of readiness;

(iv) fixing a date for trial, or by which the parties must
be ready for trial;

(v) signing any order required;

(vi) conducting conferences for the purpose of facilitating
settlement; and

(vii) limiting issues and recording stipulations of counsel.

(3) Failure to comply with any order or directive of the
court authorized by this subdivision shall be subject to appropriate
sanctions.

(4) Where parties are represented by counsel, only attorneys
fully familiar with the action and authorized to make binding
stipulations or commitments, or accompanied by a person empowered
to act on behalf of the party represented, shall appear at
the conference.

(c) Statement of Income and Expenses. Before the note of
issue and certificate of readiness may be filed, the petitioner
shall have served on the respondent, in triplicate, a statement
that the property is not income- producing or a copy of
a verified or certified statement of the income and expenses
of the property for each tax year under review. If the property
is income-producing, the petitioner must serve the statement
of income and expenses on forms provided by the Tax Certiorari
Division of the Office of the Corporation Counsel of the
City of New York. The petitioner shall complete all items
listed on such form. A copy of such completed form shall
also be filed with the note of issue and certificate of
readiness. For the purposes of this section, a cooperative
or condominium apartment building shall be considered income-producing
property; an owner-occupied business property shall be considered
income-producing as determined by the amount reasonably
allocable for rent, but the petitioner is not required to
make an estimate of rental income.

(d) Audit. Within 60 days after the first preliminary conference,
the respondent, for the purpose of substantiating petitioner's
completed statement of income and expenses, as required by
subdivision (c) of this section, may request in writing an
audit of the petitioner's books and records for the tax years
under review. If requested, the audit must be completed within
120 days after the request has been made unless the court,
upon good cause shown, extends the time for the audit. Failure
of the respondent to request or complete the audit within
the time limits shall be deemed a waiver of such privilege.
If an audit is requested and the petitioner fails to furnish
its books and records within a reasonable time after receipt
of the request, or otherwise unreasonably impedes or delays
the audit, the court, on motion of the respondent, may dismiss
the petition or petitions or make such other order as the
interest of justice requires.

(1) A note of issue and certificate of readiness shall not
be filed unless all disclosure proceedings have been completed
and the statement of income and expenses has been served and
filed. A note of issue and certificate of readiness may not
be filed in any action where a preliminary conference was
requested or was directed by the court until the conference
has been held and there has been compliance with any orders
or directives of the court or stipulations of counsel made
at such conference.

(2) A separate note of issue shall be filed for each property
for each tax year.

(f) Consolidation or Joint Trial. Consolidation or joint
trial of real property tax assessment review proceedings
in the discretion of the court shall be conditioned upon
service having been made of the verified or certified income
and expense statement, or a statement that the property
is not income-producing, for each of the tax years under
review.

(g) Exchange and Filing of Appraisal Reports.

(1) Upon the filing of the note of issue and certificate
of readiness, the court, if it has not previously so directed,
shall direct that appraisal reports and sales reports be obtained
and that appraisal reports and sales reports be exchanged
and filed by a date certain a specified time before the date
scheduled for trial.

(2) The exchange and filing of appraisal reports shall be
accomplished by the following procedure:

(i) the respective parties shall file with the clerk of
the trial court one copy, or in the event that there are two
or more adversaries, a copy for each adversary, of all appraisal
reports intended to be used at the trial.

(ii) When the clerk shall have received all such reports,
the clerk forthwith shall distribute simultaneously to each
of the other parties a copy of the reports filed.

(iii) Where multiple parties or more than one parcel is
involved, each appraisal report need be served only upon the
taxing authority and the party or parties contesting the value
of the property which is the subject of the report. Each party
shall provide an appraisal report copy for the court.

(3) The appraisal reports shall contain a statement of the
method of appraisal relied on and the conclusions as to value
reached by the expert, together with the facts, figures and
calculations by which the conclusions were reached. If sales,
leases or other transactions involving comparable properties
are to be relied on, they shall be set forth with sufficient
particularity as to permit the transaction to be readily identified,
and the report shall contain a clear and concise statement
of every fact that a party will seek to prove in relation
to those comparable properties. The appraisal reports also
shall contain photographs of the property under review and
of any comparable property that specifically is relied upon
by the appraiser, unless the court otherwise directs.

(4) Where an appraiser appraises more than one parcel in
any proceeding, those parts of the separate appraisal reports
for each parcel that would be repetitious may be included
in one general appraisal report to which reference may be
made in the separate appraisal reports. Such general appraisal
reports shall be served and filed as provided in paragraph
(1) of this subdivision.

(5) Appraisal reports shall comply with any official form
for appraisal reports that may be prescribed by the Chief
Administrator of the Courts.

(h) Use of Appraisal Reports at Trial. Upon the trial,
expert witnesses shall be limited in their proof of appraised
value to details set forth in their respective appraisal
reports. Any party who fails to serve an appraisal report
as required by this section shall be precluded from offering
any expert testimony on value; provided, however, upon the
application of any party on such notice as the court shall
direct, the court may, upon good cause shown, relieve a party
of a default in the service of a report, extend the time
for exchanging reports, or allow an amended or supplemental
report to be served upon such conditions as the court may
direct. After the trial of the issues has begun, any such
application must be made to the trial judge and shall be
entertained only in unusual and extraordinary circumstances.

(1) In all proceedings for the determination of the value
of property taken pursuant to eminent domain, the exchange
of appraisal reports shall be accomplished in the same manner
as provided for the exchange of such reports by section 202.59(g)
and 202.60(g) of this Part, except that such reports shall
be filed no later than nine months after service of the claim,
demand or notice of appearance required by section 503 of
the Eminent Domain Procedure Law unless otherwise extended
by the court. A note of issue may not be filed until such
reports have been filed.

(2) If a party intends to offer at trial expert evidence
in rebuttal to any report, an expert's report shall be filed
within 60 days after receipt of the document sought to be
rebutted.

(3) Upon application of any party upon such notice as the
court in which the proceeding is pending shall direct, the
court may, upon good cause shown, relieve a party of a default
in filing a report, extend the time for filing reports, or
allow an amended or supplemental report to be filed upon such
conditions as the court may direct.

(b) In proceedings where more than one parcel is involved,
the appraisal reports shall be distributed only to the taking
authority and to the claimant or claimants who are owners
of parcels which are the subject of the appraisal report.
In the event that a party defaults in filing an appraisal
report within the time limitation prescribed, the clerk shall
return the filed copies of each party's appraisal report,
with notice to the party in default.

(c) The contents and form of each appraisal report, including
any rebuttal, amended or supplementary report, shall conform
to the requirements of sections 202.59(g) and 202.60(g) of
this Part.

(d) All appraisals of fixtures submitted on behalf of the
claimants and the condemnor for which claim is made shall
be filed and distributed as provided by these rules with respect
to appraisal reports and shall set forth the appraisal value
of each item in the same numerical order as in the inventory
annexed to the claim.

(1) Where the condemnor puts in issue the existence of any
item in the inventory, the appraisal submitted on its behalf
shall so state.

(2) Where the condemnor puts in issue the description of
any item in the inventory, the appraisal submitted on behalf
of the condemnor shall state its appraiser's description of
such item and his or her estimate of value.

(3) Where the condemnor puts in issue the compensability
of any item in the inventory, the appraisal report submitted
by the condemnor shall so state and shall state the ground
therefor, as well as its appraiser's estimate of the value
of such item for consideration in the event that the court
should determine that it is compensable.

(e) Upon trial, all parties shall be limited in their affirmative
proof of value to matters set forth in their respective appraisal
reports. Any party who fails to file an appraisal report as
required by this section shall be precluded from offering
any appraisal testimony on value.

Section
202.62 Payment of eminent domain award to other than the
named awardee.

On all applications for payment of awards in eminent domain
proceedings by parties other than the party named in the decree,
the applicant shall give notice of its motion to all parties
with an interest in the award.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.63
Assignment for benefit of creditors.

(a) Records and Papers.

(1) In assignments for the benefit of creditors, the clerk
shall keep a register and docket. The clerk shall enter in
the register in full every final order according to date;
the docket shall contain a brief note of each day's proceedings
under the respective title.

(2) Every petition, order, decree or other paper shall have
endorsed on the outside the nature of such paper, the date
of filing, and the name, number and page of the book in which
the proceedings are entered by the clerk.

(3) The papers in each proceeding shall be kept in a separate
file, as required by section 18 of the Debtor and Creditor
Law. No paper shall be removed from the files of the court
except by order of the court.

(4) Except as otherwise provided by law, every notice or
citation, subpoena, and all process shall issue out of the
court under seal and be attested by the clerk.

(b) Appearances.

(1) Any person interested in an assignment for the benefit
of creditors may appear either in person or by attorney. If
in person, his or her address and telephone number, and if
by attorney, the name, address and telephone number, shall
be endorsed on every appearance filed by such attorney. The
name of such person or attorney shall be entered in the docket.

(2) The assignee's attorney shall file a written notice
of appearance as soon as possible, but not later than 10 days
after being retained.

(3) When an assignee is removed, voluntarily or involuntarily,
and another person has been appointed as assignee, a certified
copy of the order shall be filed with the clerk of the county
where the original assignment was recorded. The clerk shall
make an entry on the record of the original assignment to
show the appointment of the substituted assignee, and the
copy of the order of substitution shall be attached to the
original assignment.

(c) Duties of the Assignor and Assignee.

(1) The assignor shall deliver all books, records and documents
to the assignee immediately upon filing the assignment, but
the assignee shall make them available to the assignor to
prepare the schedules.

(2) The assignee's attorney shall require the person in
charge of the assignor's business to submit to examination
under oath and shall complete such examinations within 30
days, unless extended by the court for good cause.

(3) The assignee shall promptly require the assignor, if
an individual, or its officers and persons in charge of its
finances, if a corporation, to pay to the assignee all trust
funds withheld for accounting to any governmental authorities,
together with any preferential payments paid to them or to
others by the assignor.

(4)

(i) Upon the filing of an assignment, the court, upon application,
may stay any prospective sale or transfer to enforce a lien
against property in the custody of the court, whether by a
secured creditor, a judgment creditor, a lienor or otherwise.

(ii) With respect to property not in the custody of the
court, possession having been acquired by the secured creditor,
judgment creditor or lienor, the assignee may, upon notice
to the adverse party, apply to the court where such assignment
proceedings are pending to enjoin any prospective sale and
to permit the assignee to conduct the sale, whether private
or a public auction, upon such terms and conditions as in
its discretion will not prejudice the interest of the secured
party and yet preserve the interest of the assigned estate
by affording the assignee an opportunity to liquidate the
assets under the most favorable terms and conditions.

(5) Every assignee shall keep full, exact and regular books
of account of all receipts, payments and expenditures of monies.

(6) In making sales at auction of personal property, the
assignee shall give at least 10 days' notice of the time and
place of sale and of the Articles to be sold, by advertisement
in one or more newspapers. Such sale shall be held within
15 days after the entry of the order authorizing the same,
unless in the meantime an order of the court has been obtained
granting an extension of the time for such sale; and he or
she shall give notice of the sale at auction of any real estate
at least 20 days before such sale. Upon such sale, the assignee
shall sell by printed catalogue, in parcels, and shall file
a copy of such catalogue, with the prices obtained for the
goods sold, within 20 days after the date of such sale.

(7)

(i) Notwithstanding subdivision (f) of this section, upon
receipt of an offer for all or a substantial part of the assets,
an assignee may for good cause shown make application to the
court for leave to sell at a private sale in lieu of a public
auction sale. A hearing thereon shall be scheduled for the
purpose of considering that offer or any higher or better
offers that may be submitted upon such notice and advertising
as the court may deem appropriate.

(ii) Upon application by an assignee or a creditor, setting
forth that a part or the whole of the estate is perishable,
the nature and location of such perishable property, and that
there will be a loss if the same is not sold immediately,
the judge presiding, if satisfied of the facts stated and
that the sale is required in the interest of the estate, may
order the same to be sold with or without notice to creditors.

(8) Upon an application made for a notice of filing of his
or her account and for a hearing thereon, the assignee shall
file with his or her petition his or her account with the
vouchers.

(d) Accounting and Schedules.

(1) The assignee must file an account in all cases.

(2) Failure to file an interim accounting in a pending proceeding
within six months after the filing of an assignment may cause
a forfeiture of commissions and fees of the assignee and his
or her attorney and shall constitute grounds for their removal.

(3) Where more than one sheet of paper is necessary to contain
the schedule of liabilities and inventory of assets required
to be filed by the assignor or assignee, each page shall be
signed by the person or persons verifying the same. Contingent
liabilities shall appear on a separate sheet of paper. The
sheets on which such schedule and inventory are written shall
be securely fastened before the filing thereof and shall be
endorsed with the full name of the assignor and assignee;
and when filed by an attorney, the name and address of such
attorney shall also be endorsed thereon. Such schedule and
inventory shall fully and fairly state the nominal and actual
value of the assets and the cause of differences between such
values. A separate affidavit will be required explaining such
stated cause of difference. If it is deemed necessary, affidavits
of disinterested experts as to the claimed values must be
furnished; and if such schedule and inventory are filed by
the assignee, they must be accompanied by affidavits made
by such assignee and by some disinterested expert showing,
in detail, the nature and value of the property assigned.
The name, residence, occupation and place of business of the
assignor, and the name and place of residence of the assignee
must be annexed to the schedule and inventory or incorporated
in the affidavit verifying the same. There shall be a recapitulation
at the end of such schedule and inventory, as follows:

Debts and liabilities amount to ..........
$

Fair value of assets ........................
$

Assets realized on liquidation ............
$

(4) Application to amend the schedule shall be made by verified
petition in which the amendment sought to be made shall appear
in full, and such amendment shall be verified in the same
manner as the original schedule.

(5) The account of the assignee shall be in the nature of
a debit and credit statement; he or she shall debit himself
or herself with the assets as shown in the schedule, as filed,
and credit himself or herself with any decrease and expenses.

(6) The statement of expenditures shall be full and complete
and the vouchers for all payments shall be attached to the
account.

(7) The affirmative on the accounting shall be with the
assignee; the objections to the account may be presented to
the court or designated referee in writing or be brought out
on a cross-examination. In the latter case, they must be specifically
taken and entered in the minutes.

(8) The testimony taken and all exhibits marked in evidence
shall be filed with the report of the referee.

(9) It shall be the duty of the assignee to close up the
estate as expeditiously as possible; and, unless good cause
for greater delay can be shown and authorized by an order
of the court obtained prior to the expiration of the permissible
time, the assignee's account shall be filed within 15 months
from the date of the execution of the assignment deed.

(10) The court may order notice to creditors by publication
to present their claims as provided in section 5 of the Debtor
and Creditor Law.

(e) Court-Appointed Referee.

(1) The court may appoint a referee to take and state any
contested account or to hear and report on any issue of fact
raised in an application to the court by any interested party.

(2) Notice of the time and place of the hearing before a
referee appointed to take and state an assignee's account
or to hear and report on a referred issue of fact shall be
given by mail, with the postage thereon prepaid, at least
20 days before the date specified in said notice, to the assignor,
the assignee's surety and to each creditor whose name appears
on the books of the assignor or on the schedule, or who has
presented his or her claim or address to the assignee, and
to each attorney who has appeared for any person interested
in the assigned estate.

(3) A notice or a copy of an advertisement, requiring the
creditors to present their claims, with the vouchers therefor
duly verified to the referee, must be mailed to each creditor
whose name appears on the books of the assignor or on the
schedule, with the postage thereon prepaid, at least 10 days
before the date specified in such notice or advertisement.
Proof of such mailing shall be required on the application
for a final decree approving the account of the assignee unless
proof is furnished that personal service of such notice or
a copy of such advertisement has been made upon the creditor.

(4) The report of the referee shall show all the jurisdictional
facts necessary to confer power on the court, such as the
proper execution and acknowledgment of the assignment, its
recording, the filing of the schedule and bond, the publication
and mailing of notice to creditors to present claims, the
filing of the assignee's account, the issuance and service
of notice of application for settlement of the account, and,
where any items in the account of the assignee are disallowed,
the same shall be fully set out in the report, together with
the reason therefor.

(5) The report of the referee after a hearing of a disputed
claim under the statute shall be filed with the clerk of the
court and a copy served on each party to the proceeding. The
court shall, on application of any party, or on its own motion,
confirm or disaffirm the referee's report; such report shall
then be reviewed only by appeal to the Appellate Division.

(f) Discharge of Assignee.

(1) No discharge shall be granted an assignee who has not
advertised for claims pursuant to section 5 of the Debtor
and Creditor Law and the applicable provisions of this section.

(2) No discharge shall be granted an assignee and his or
her sureties in any case, whether or not the creditors have
been paid, or have released, or have entered into composition,
except in a regular proceeding for an accounting under the
applicable provisions of the Debtor and Creditor Law, commenced
by petition, and after due and timely notice thereof to all
persons interested in the estate.

(3) Provisional and Final Bond. The affidavit upon which
application is made for leave to file a provisional bond
must show fully and fairly the nature and extent of the
property assigned, and good and sufficient reason must be
shown why the schedule and inventory cannot be filed. It
must appear satisfactorily to the court that a necessity
exists for filing of such provisional bond; and the affidavits
filed shall be deemed a schedule and inventory of the assigned
property until such time as the regular schedule and inventory
of the assigned property shall be filed. Upon the filing
of the schedule and inventory, the amount of the bond shall
be determined finally. Should the provisional bond already
filed be deemed sufficient, an order may be granted making
such bond, as approved, the final bond.

(4) Upon all applications made to the court by assignees
under general assignments for the benefit of creditors for
the filing of a provisional bond, or for permission to sell
the property of the assignor, the applicant shall present
proof by affidavit whether any petition in bankruptcy has
been filed by or against the assignor.

(5) The final bond shall be joint and several in form and
must be accompanied by the affidavit prescribed by CPLR 2502,
and also by the affidavit of each surety, setting forth his
business, where it is carried on, and the amount in which
he or she is required to justify over and above his debts
and liabilities.

(g) Justification of Sureties. The court may in its discretion
require any surety to appear and justify. If the penalty
of the bond be $20,000 or over, it may be executed by two
sureties each justifying in that sum, or by more than two
sureties, the amount of whose justification, united, is
double the penalty of the bond.

(h) Application to Continue Business of Assignor. An application
for authority to continue the business of an assignor must
be made upon duly verified petition and upon notice given
to, or order to show cause served upon, the assignor, the
assignee's surety and all creditors, secured, general or
otherwise, of the assigned estate. If more than one application
for such authority is subsequently made, the petition must
set forth, by a statement of receipts, disbursements and
expenses, the result of the continuance of such business
for or during the period for which the same was previously
authorized.

(i) Involuntary Petition in Bankruptcy of the Assigned
Estate. Where an order for relief pursuant to section 503
of Title 11 of the United States Code has been entered, the
assignee shall file with the clerk a certified copy of such
petition in bankruptcy, together with proof by affidavit
on the part of the assignee showing that he has turned over
all assets of the assigned estate to the trustee or receiver
in bankruptcy.

(j) Assignee's Commissions and Attorney's Fees. Assignee's
allowances and attorney fees are to be fixed by the court
upon a motion to settle and approve the assignee's account
or upon the confirmation of the referee's report regarding
the account. No allowances, fees or commissions shall be
paid out until so fixed and directed by the court.

(k) Service of Notice by Mail. When any notice is served
by mail on the creditors of the insolvent debtor pursuant
to the provisions of the applicable statute or this section,
every envelope containing such notice shall have upon it
a direction to the postmaster at the place to which it is
sent, to return the same to the sender whose name and address
shall appear thereon, unless called for or delivered.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.64 Election Law proceedings.

(a) All applications to the Supreme Court, or to a judge
thereof, pursuant to the Election Law, shall be made at the
special part designated for such proceedings, and where there
is no special part, before the judge to whom the proceeding
is assigned. As far as practicable, the application shall
be brought in the county in which it arose.

(b) The judge may hear and determine the proceeding or assign
it to a referee for hearing or decision, and such proceedings
shall have preference over all other business of the part
to which it is assigned or before the judge to whom it is
assigned.

(c) The final order in an election proceeding shall state
the determination and the facts upon which it was made.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.65 Registration of title to real property; sales of real
estate under court direction.

(a) Petitions for Registration. Petitions for the registration
of titles to land made pursuant to Article 12 of the Real
Property Law shall be made to the Supreme Court in the county
where the land or portion thereof affected by the petition
is situated. Where a particular part has been designated
for this purpose as a title part under the provisions of
section 371 of such law, all petitions to register titles
to land under the law must be returnable at the said title
part. If there is no such part, petitions shall be returnable
before the judge is assigned. Such title part or assigned
judge is hereinafter denominated as the appropriate part
or judge in this section.

(b) Application for Final Order and Judgment of Registration.
After the time provided in the notice of hearing shall have
expired, or within such further time as may have been allowed
by the court, if there have been no appearances or answers
to the petition, the petitioner may apply to the appropriate
part or judge for a final order and judgment of registration,
as provided for in the law. In all applications for such
final order and judgment of registration, the applicant
or petitioner must present to the court proof by affidavit
that all the provisions of the law entitling the petitioner
to such final order and judgment of registration have been
complied with.

(c) Application for Jury Trial. Where an answer is interposed
which raises an issue of fact which in an action relating
to the title to real property would be triable by a jury,
either or any party to the registration proceeding who is
entitled to have such issue determined may apply to the
appropriate part or judge within 20 days after the issue
has been joined to have the issues framed to be tried by
a jury, as provided by CPLR 4102(b). The trial of such issues
shall be had and the subsequent proceedings in relation
thereto shall be such as are prescribed by the CPLR. After
such issues are disposed of, either or any party to the
registration proceeding may apply to the appropriate part
or judge, upon eight days' notice to all who have appeared
in the registration proceeding, for a final order and judgment
of registration, and on such application the court shall
try all other issues in the proceeding not disposed of by
the jury, or may refer any such issues undisposed of to
be tried by an official examiner of title as referee. Where
all issues have been disposed of, any party, upon eight
days' notice to all who have appeared in the proceeding,
may apply for the final order and judgment of registration
at the appropriate part or before the appropriate assigned
judge.

(d) Applications; Notice Requirements. All applications
to the court after a certificate of registration of title
has been issued under the provisions of the law must be
made at the appropriate part or before the appropriate assigned
judge hereinbefore designated upon 20 days's notice to all
persons interested in the said application. All applications
to the court under sections 404-a and 422 of the Real Property
Law shall be made to the appropriate part or judge upon
eight days' notice to all persons in interest, as provided
by that section. All applications made to the court under
section 428 of the Real Property Law shall also be made
to the appropriate part or judge, upon eight days' notice
to the city or county treasurer and all other parties who
have appeared in the proceeding to recover for loss or damage
or deprivation of real property out of the assurance fund
provided for by law.

(e) Sales of Real Estate. All sales of real estate or an
interest therein, made pursuant to a judgment, decree or
order, or by an officer of the court under its direction,
shall be made pursuant to section 231 of the Real Property
Actions and Proceedings Law, after notice as prescribed
in that section. An auctioneer selected for this purpose
must be an attorney, or a licensed real estate broker, or
a salesman licensed for at least five years. The auctioneer's
fee for conducting the sale shall be as prescribed by law.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
202.66 Workers' compensation settlements.

(a) Applications for approval of compromises of third-party
actions pursuant to subdivision 5 of section 29 of the Workers'
Compensation Law must include all papers described therein,
and a proposed order providing that the appropriate insuring
body file an affidavit within a specified time consenting
to or opposing the application. A copy of all such application
papers shall be served on the insurance carrier that is liable
for the payment of claims under the Workers' Compensation
Law.

(b) If, prior to the return of the application, the court
directs that the parties place their stipulation on the record,
the transcript shall be filed as part of the papers. In such
cases, the matter shall be marked settled subject to written
consent of the insuring body, or the entry of an order pursuant
to subdivision 5 of section 29 of the Workers' Compensation
Law.

(c) On the return of the application, the court may hear
the matter forthwith or schedule the matter for later hearing
if affidavits in opposition to the compromise show that the
amount is grossly inadequate in view of the injuries involved,
the potential monetary recovery against the third party and
the possible exposure of the insuring body to future claims
by the plaintiff- petitioner arising out of the same accident.

(d) Nothing in this section shall preclude the insuring
body from consenting to a reduction of its lien.

(a) The settlement of an action or claim by an infant or
judicially declared incapacitated person (including an incompetent
or conservatee) shall comply with CPLR 1207 and 1208 and,
in the case of an infant, with section 474 of the Judiciary
Law. The proposed order in such cases may provide for deduction
of the following disbursements from the settlement:

(1) motor vehicle reports;

(2) police reports;

(3) photographs;

(4) deposition stenographic expenses;

(5) service of summons and complaint and of subpoenas;

(6) expert's fees, including analysis of materials; and

(7) other items approved by court order.

The order shall not provide for attorney's fees in excess
of one third of the amount remaining after deduction of the
above disbursements unless otherwise specifically authorized
by the court.

(b) The petition or affidavit in support of the application
also shall set forth the total amount of the charge incurred
for each doctor and hospital in the treatment and care of
the infant, or incapacitated person and the amount remaining
unpaid to each doctor and hospital for such treatment and
care. If an order be made approving the application, the order
shall provide that all such charges for doctors and hospitals
shall be paid from the proceeds, if any, received by the parent,
guardian, or other person, in settlement of any action or
claim for the loss of the infant's, or incapacitated person's
services; provided, however, that if there be any bona fide
dispute as to such charges, the judge presiding, in the order,
may make such provision with respect to them as justice requires.
With respect to an incapacitated person, the judge presiding
may provide for the posting of a bond as required by the Mental
Hygiene Law.

(c) If the net amount obtained for the infant, or incapacitated
person in any approved settlement does not exceed the amount
set forth in CPLR 1206(b), the court may permit it to be paid
pursuant to CPLR 1206(b). The court may order in any case
that the money be deposited or invested pursuant to CPLR 1206(c)
or held for the use and benefit of the infant, or incapacitated
person as provided in CPLR 1206(d) and CPLR 1210(d).

(d) The affidavit of the attorney for a plaintiff, in addition
to complying with CPLR 1208, must show compliance with the
requirements for filing a retainer statement and recite the
number assigned by the Office of Court Administration, or
show that such requirements do not apply.

(e) Applications for approval of an infant's or incapacitated
person's compromise shall be made returnable before the judge
who presided over the compromise or, where the agreement was
reached out-of-court, before the appropriate assigned judge.

(f) A petition for the expenditure of the funds of an infant
shall comply with CPLR Article 12, and also shall set forth:

(1) a full explanation of the purpose of the withdrawal;

(2) a sworn statement of the reasonable cost of the proposed
expenditure;

(3) the infant's age;

(4) the date and amounts of the infant's and parents' recovery;

(5) the balance from such recovery;

(6) the nature of the infant's injuries and present condition;

(7) a statement that the family of the infant is financially
unable to afford the proposed expenditures;

(8) a statement as to previous orders authorizing such expenditures;
and

(9) any other facts material to the application.

(g) No authorization will be granted to withdraw such funds,
except for unusual circumstances, where the parents are financially
able to support the infant and to provide for the infant's
necessaries, treatment and education.

(h) Expenditures of the funds of an incapacitated person
shall comply with the provisions of the Mental Hygiene Law.

(i) The required notice of the filing of a final account
by an incapacitated person's guardian and of a petition for
settlement thereof shall show the amounts requested for additional
services of the guardian and for legal services. Prior to
approving such allowances, the court shall require written
proof of the nature and extent of such services. Where notice
is given to the attorney for the Veteran's Administration,
if the attorney for the Veteran's Administration does not
appear after notice, the court shall be advised whether the
Veteran's Administration attorney has examined the account
and whether he objects to it or to any proposed commission
or fee.

In any proceeding in which the custody of a child is to
be determined, the court, when it has reason to believe that
the child is an Indian child within the meaning of the Indian
Child Welfare Act of 1948 (92 Stat. 3069), shall require the
verification of the child's status in accordance with that
act and proceed further, as appropriate, in accordance with
the provisions of that act.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section 202.69 Coordination of related actions pending in more than one judicial district.

(a) Application. This section shall apply when related actions are pending in the courts of the Unified Court System in more than one judicial district and it may be appropriate for these actions to be coordinated pursuant to the criteria and procedures set forth in this section. Coordination pursuant to this section shall apply to pretrial proceedings, including dispositive motions.

(b) Litigation Coordinating Panel.

(1) Composition. The Chief Administrator of the Courts, in consultation with the Presiding Justice of each Appellate Division, shall create a Litigation Coordinating Panel composed of one justice of the Supreme Court from each judicial department of the State.

(2) Procedure. The Panel shall determine, sua sponte or upon application of a party to an action, a justice before whom such an action is pending, or an administrative judge, whether the related actions should be coordinated before one or more individual justices. The Panel shall provide notice and an opportunity to be heard to all parties to the actions sought to be coordinated and shall inform the justices before whom such actions are pending of the initiation of proceedings before the Panel.

(3) Standards for Coordination. In determining whether to issue an administrative order of coordination, the Panel shall consider, among other things, the complexity of the actions; whether common questions of fact or law exist, and the importance of such questions to the determination of the issues; the risk that coordination may unreasonably delay the progress, increase the expense, or complicate the processing of any action or otherwise prejudice a party; the risk of duplicative or inconsistent rulings, orders or judgments; the convenience of the parties, witnesses and counsel; whether coordinated discovery would be advantageous; efficient utilization of judicial resources and the facilities and personnel of the court; the manageability of a coordinated litigation; whether issues of insurance, limits on assets and potential bankruptcy can be best addressed in coordinated proceedings; and the pendency of related matters in the Federal courts and in the courts of other states. The Panel may exclude particular actions from an otherwise applicable order of coordination when necessary to protect the rights of parties.

(4) Determination.

(i) The Panel shall issue a written decision on each application. If the Panel determines to direct coordination, it shall issue an administrative order identifying the actions that shall be coordinated. The order may address actions subsequently filed or not otherwise then before the Panel.

(ii) The order of the Panel shall specify the number of Coordinating Justices and the county or counties in which the coordinated proceedings shall take place. In making this decision, the Panel shall consider, among other things, the venues of origin of the cases to be coordinated; whether the actions arise out of an accident or events in a particular county; judicial caseloads in prospective venues; fairness to parties; the convenience of the parties and witnesses; the convenience of counsel; and whether the purposes of this section can best be advanced by coordination before more than one Coordinating Justice.

(c) Coordinating Justice.

(1) Designation. The Administrative Judge charged with supervision of the local jurisdiction within which coordinated proceedings are to take place shall select the Coordinating Justice or Justices, in consultation with the appropriate Deputy Chief Administrative Judge. In deciding whom to designate, the Administrative Judge shall consider, among other things, the existing caseload of each prospective appointee and the overall needs of the court in which that justice serves; the familiarity of that justice with the litigation at issue; the justice's managerial ability; and the previous experience of the justice with the field of law involved and with coordinated litigation. The Administrative Judge may designate a justice from another local jurisdiction as a Coordinating Justice with the approval of the Administrative Judge thereof.

(2) Authority. The Coordinating Justice shall have authority to make any order consistent with this section and its purposes, including to remand to the court of origin any portion of a case not properly subject to coordination under the administrative order of the Panel; assign a master caption; create a central case file and docket; establish a service list; periodically issue case management orders after consultation with counsel; appoint and define the roles of steering committees and counsel of parties and liaison counsel, provided that the committees and counsel shall not deprive any party of substantive rights; issue protective orders pursuant to Article 31 of the Civil Practice Law and Rules; establish a document depository; direct the parties to prepare coordinated pleadings and deem service upon liaison counsel or steering committee service upon the respective parties; require service of uniform requests for disclosure and establish a uniform method for the conduct of physical and mental examination; rule upon all motions; require the parties to participate in settlement discussions and court-annexed alternative dispute resolution; and try any part of any coordinated case on consent of the parties to that action.

(3) Coordination with Federal or Other States' Actions. If actions related to those pending before a Coordinating Justice are proceeding in Federal courts or in the courts of other states, the Coordinating Justice shall consult with the presiding judge(s) in an effort to advance the purposes of this section. Where appropriate, the Coordinating Justice, while respecting the rights of parties under the Civil Practice Law and Rules, may require that discovery in the cases coordinated pursuant to this section proceed jointly or in coordination with discovery in the Federal or other states' actions.

(d) Termination of Coordination. The Coordinating Justice, sua sponteor upon motion by any party, may terminate coordination, in whole or in part, if the Justice determines that coordination has been completed or that the purposes of this section can be best advanced by termination of the coordination. Upon termination, the actions shall be remanded to their counties of origin for trial unless the parties to an action consent to trial of that action before the Coordinating Justice.

Historical Note
Sec. filed Jan. 28, 2002 eff. Jan. 24, 2002.

Section
202.70 Rules of the Commercial Division of the Supreme Court

(a) Monetary thresholds

Except as set forth in subdivision (b), the monetary thresholds of the Commercial Division, exclusive of punitive damages, interests, costs, disbursements and counsel fees claimed, is established as follows:

Albany County
Eighth Judicial District
Kings County
Nassau County
New York County
Onondaga County
Queens County
Seventh Judicial District
Suffolk County
Westchester County

Actions in which the principal claims involve or consist of the following will be heard in the Commercial Division provided that the monetary threshold is met or equitable or declaratory relief is sought:

(1) Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g., unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g., sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices);

(12) Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues -- without consideration of the monetary threshold.

(c) Non-commercial cases

The following will not be heard in the Commercial Division even if the monetary threshold is met:

(1) Suits to collect professional fees;

(2) Cases seeking a declaratory judgment as to insurance coverage for personal injury or property damage;

(1) A party seeking assignment of a case to the Commercial Division shall indicate on the Request for Judicial Intervention (RJI) that the case is "commercial." A party seeking a designation of a special proceeding as a commercial case shall check the "other commercial" box on the RJI, not the "special proceedings" box.

(2) The party shall submit with the RJI a brief signed statement justifying the Commercial Division designation, together with a copy of the proceedings.

(e) Transfer into the Commercial Division

If a case is assigned to a non-commercial part because the filing party did not designate the case as "commercial" on the RJI, any other party may apply by letter application (with a copy to all parties) to the Administrative Judge, within ten days after receipt of a copy of the RJI, for a transfer of the case into the Commercial Division. The determination of the Administrative Judge shall be final and subject to no further administrative review or appeal.

(f) Transfer from the Commercial Division

(1) In the discretion of the Commercial Division justice assigned, if a case does not fall within the jurisdiction of the Commercial Division as set forth in this section, it shall be transferred to a non-commercial part of the court.

(2) Any party aggrieved by a transfer of a case to a non-commercial part may seek review by letter application (with a copy to all parties) to the Administrative Judge within ten days of receipt of the designation of the case to a non-commercial part. The determination of the Administrative Judge shall be final and subject to no further administrative review or appeal.

(g) Rules of practice for the Commercial Division

Unless these rules of practice for the Commercial Division provide specifically to the contrary, the rules of Part 202 also shall apply to the Commercial Division, except that Rules 7 through 15 shall supersede section 202.12 (Preliminary Conference) and Rules 16 through 24 shall supersede section 202.8 (Motion Procedure).

Rule 1. Appearance by Counsel with Knowledge and Authority. Counsel who appear in the Commercial Division must be fully familiar with the case in regard to which they appear and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients. Counsel should also be prepared to discuss any motions that have been submitted and are outstanding. Failure to comply with this rule may be regarded as a default and dealt with appropriately. See Rule 12. It is important that counsel be on time for all scheduled appearances.

Rule 2. Settlements and Discontinuances. If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the court by submission of a copy of the stipulation or a letter directed to the clerk of the part along with notice to chambers via telephone or e-mail. This notification shall be made in addition to the filing of a stipulation with the County Clerk.

Rule 3. Alternative Dispute Resolution (ADR). At any stage of the matter, the court may direct or counsel may seek the appointment of an uncompensated mediator for the purpose of mediating a resolution of all or some of the issues presented in the litigation.

Rule 4. Electronic Submission of Papers.

(a) Papers and correspondence by fax. Papers and correspondence filed by fax should comply with the requirements of section 202.5-a except that papers shall not be submitted to the court by fax without advance approval of the justice assigned. Correspondence sent by fax should not be followed by hard copy unless requested.

(b) Papers submitted in digital format. In cases not pending in the court's Filing by Electronic Means System, the court may permit counsel to communicate with the court and each other by e-mail. In the court's discretion, counsel may be requested to submit memoranda of law by e-mail or on a computer disk along with an original and courtesy copy.

Rule 5. (This rule shall apply only in the First and Second Judicial Departments) Information on Cases. Information on future court appearances can be found at the court system's future appearance site (www.nycourts.gov/ecourts). Decisions can be found on the Commercial Division home page of the Unified Court System's internet website: www.courts.state.ny.us/comdiv or in the New York Law Journal. The clerk of the part can also provide information about scheduling in the part (trials, conferences, and arguments on motions). Where circumstances require exceptional notice, it will be furnished directly by chambers.

Rule 6. Form of Papers. All papers submitted to the Commercial Division shall comply with CPLR 2101 and section 202.5(a). Papers shall be double-spaced and contain print no smaller than twelve-point, or 8½ x 11 inch paper, bearing margins no smaller than one inch. The print size of footnotes shall be no smaller than ten-point. Papers also shall comply with Part 130 of the Rules of the Chief Administrator.

Rule 7. Preliminary Conference; Request. A preliminary conference shall be held within 45 days of assignment of the case to a Commercial Division justice, or as soon thereafter as is practicable. Except for good cause shown, no preliminary conference shall be adjourned more than once or for more than 30 days. If a Request for Judicial Intervention is accompanied by a dispositive motion, the preliminary conference shall take place within 30 days following the decision of such motion (if not rendered moot) or at such earlier date as scheduled by the justice presiding. Notice of the preliminary conference date will be sent by the court at least five days prior thereto.

Rule 8. Consultation prior to Preliminary and Compliance Conferences.

(a) Counsel for all parties shall consult prior to a preliminary or compliance conference about (i) resolution of the case, in whole or in part; (ii) discovery and any other issues to be discussed at the conference; and (iii) the use of alternate dispute resolution to resolve all or some issues in the litigation. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference.

(b) Prior to the preliminary conference, counsel shall confer with regard to anticipated electronic discovery issues. Such issues shall be addressed with the court at the preliminary conference and shall include but not be limited to (i) implementation of a data preservation plan; (ii) identification of relevant data; (iii) the scope, extent and form of production; (iv) anticipated cost of data recovery and proposed initial allocation of such cost; (v) disclosure of the programs and manner in which the data is maintained; (vi) identification of computer system(s) utilized; (vii) identification of the individual(s) responsible for data preservation; (viii) confidentiality and privilege issues; and (ix) designation of experts.

Rule 9. (Reserved)

Rule 10. Submission of Information. At the preliminary conference, counsel shall be prepared to furnish the court with the following: (i) a complete caption, including the index number; (ii) the name, address, telephone number, e-mail address and fax number of all counsel; (iii) the dates the action was commenced and issue joined; (iv) a statement as to what motions, if any, are anticipated; and (v) copies of any decisions previously rendered in the case.

Rule 11. Discovery

(a) The preliminary conference will result in the issuance by the court of a preliminary conference order. Where appropriate, the order will contain specific provisions for means of early disposition of the case, such as (i) directions for submission to the alternative dispute resolution program; (ii) a schedule of limited-issue discovery in aid of early dispositive motions or settlement; and/or (iii) a schedule for dispositive motions before disclosure or after limited-issue disclosure.

(b) The order will also contain a comprehensive disclosure schedule, including dates for the service of third-party pleadings, discovery, motion practice, a compliance conference, if needed, a date for filing the note of issue, a date for a pre-trial conference and a trial date.

(c) The preliminary conference order may provide for such limitations of interrogatories and other discovery as may be necessary to the circumstances of the case.

(d) The court will determine, upon application of counsel, whether discovery will be stayed, pursuant to CPLR 3214(b), pending the determination of any dispositive motion.

Rule 12. Non-Appearance at Conference. The failure of counsel to appear for a conference may result in a sanction authorized by section 130.2.1 of the Rules of the Chief Administrator or section 202.27, including dismissal, the striking of an answer, an inquest or direction for judgment, or other appropriate sanction.

Rule 13. Adherence to Discovery Schedule

(a) Parties shall strictly comply with discovery obligations by the dates set forth in all case scheduling orders. Such deadlines, however, may be modified upon the consent of all parties, provided that all discovery shall be completed by the discovery cutoff date set forth in the preliminary conference order. Applications for extension of a discovery deadline shall be made as soon as practicable and prior to the expiration of such deadline. Non-compliance with such an order may result in the imposition of an appropriate sanction against that party pursuant to CPLR 3126.

(b) If a party seeks documents as a condition precedent to a deposition and the documents are not produced by the date fixed, the party seeking disclosure may ask the court to preclude the non-producing party from introducing such demanded documents at trial.

Rule 14. Disclosure Disputes. Counsel must consult with one another in a good faith effort to resolve all disputes about disclosure. See section 202.7. Except as provided in Rule 24 hereof, if counsel are unable to resolve any disclosure dispute in this fashion, the aggrieved party shall contact the court to arrange a conference as soon as practicable to avoid exceeding the discovery cutoff date. Counsel should request a conference by telephone if that would be more convenient and efficient than an appearance in court.

Rule 15. Adjournments of Conferences. Adjournments on consent are permitted with the approval of the court for good cause where notice of the request is given to all parties. Adjournment of a conference will not change any subsequent date in the preliminary conference order, unless otherwise directed by the court.

Rule 16. Motions in General.

(a) Form of Motion Papers. The movant shall specify in the notice of motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief sought. Counsel must attach copies of all pleadings and other documents as required by the CPLR and as necessary for an informed decision on the motion (especially on motions pursuant to CPLR 3211 and 3212). Counsel should use tabs when submitting papers containing exhibits. Copies must be legible. If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach excerpts and submit the full exhibit separately. Documents in a foreign language shall be properly translated. CPLR 2101(b). Whenever reliance is placed upon a decision or other authority not readily available to the court, a copy of the case or of pertinent portions of the authority shall be submitted with the motion papers.

(b) Proposed Orders. When appropriate, proposed orders should be submitted with motions, e.g., motions to be relieved, pro hac vice admissions, open commissions, etc. No proposed order should be submitted with motion papers on a dispositive motion.

(c) Adjournment of Motions. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the court's consent. Non-dispositive motions may be adjourned on consent no more than three times for a total of no more than 60 days unless otherwise directed by the court.

Rule 17. Length of Papers. Unless otherwise permitted by the court: (i) briefs or memoranda of law shall be limited to 25 pages each; (ii) reply memoranda shall be no more than 15 pages and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief; (iii) affidavits and affirmations shall be limited to 25 pages each.

Rule 18. Sur-Reply and Post-Submission Papers. Absent express permission in advance, sur-reply papers, including correspondence, addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decision that is relevant to the pending issues, but there shall be no additional argument. Materials submitted in violation hereof will not be read or considered. Opposing counsel who receives a copy of materials submitted in violation of this Rule shall not respond in kind.

Rule 19. Orders to Show Cause. Motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay is required or a statute mandates so proceeding. See Rule 20. Absent advance permission, reply papers shall not be submitted on orders to show cause.

(a) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.

(b). In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party and, if necessary, additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried.

(c) Each numbered paragraph in the statement of material facts required to be served by the moving party will be deemed to be admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party.

(d) Each statement of material fact by the movant or opponent pursuant to subdivision (a) or (b), including each statement controverting any statement of material fact, must be followed by citation to evidence submitted in support of or in opposition to the motion.

Rule 20. Temporary Restraining Orders. Unless the moving party can demonstrate that there will be significant prejudice by reason of giving notice, a temporary restraining order will not be issued. The applicant must give notice to the opposing parties sufficient to permit them an opportunity to appear and contest the application.

Rule 21. Courtesy Copies. Courtesy copies should not be submitted unless requested or as herein provided. However, courtesy copies of all motion papers and proposed orders shall be submitted in cases in the court's Filing by Electronic Means System.

Rule 22. Oral Argument. Any party may request oral argument on the face of its papers or in an accompanying letter. Except in cases before justices who require oral argument on all motions, the court will determine, on a case-by-case basis, whether oral argument will be heard and, if so, when counsel shall appear. Notice of the date selected by the court shall be given, if practicable, at least 14 days before the scheduled oral argument. At that time, counsel shall be prepared to argue the motion, discuss resolution of the issue(s) presented and/or schedule a trial or hearing.

Rule 23. 60-Day Rule. If 60 days have elapsed after a motion has been finally submitted or oral argument held, whichever was later, and no decision has been issued by the court, counsel for the movant shall send the court a letter alerting it to this fact with copies to all parties to the motion.

Rule 24. Advance Notice of Motions

(a) Nothing in this rule shall be construed to prevent or limit counsel from making any motion deemed appropriate to best represent a party's interests. However, in order to permit the court the opportunity to resolve issues before motion practice ensues, and to control its calendar in the context of the discovery and trial schedule, pre-motion conferences in accordance herewith must be held. The failure of counsel to comply with this rule may result in the motion being held in abeyance until the court has an opportunity to conference the matter.

(b) This rule shall not apply to disclosure disputes covered by Rule 14 nor to dispositive motions pursuant to CPLR 3211, 3212 or 3213 made at the time of the filing of the Request for Judicial Intervention or after discovery is complete. Nor shall the rule apply to motions to be relieved as counsel, for pro hac vice admission, for reargument or in limine.

(c) Prior to the making or filing of a motion, counsel for the moving party shall advise the Court in writing (no more than two pages) on notice to opposing counsel outlining the issue(s) in dispute and requesting a telephone conference. If a cross-motion is contemplated, a similar motion notice letter shall be forwarded to the court and counsel. Such correspondence shall not be considered by the court in reaching its decision on the merits of the motion.

(d) Upon review of the motion notice letter, the court will schedule a telephone or in-court conference with counsel. Counsel fully familiar with the matter and with authority to bind their client must be available to participate in the conference. The unavailability of counsel for the scheduled conference, except for good cause shown, may result in granting of the application without opposition and/or the imposition of sanctions.

(e) If the matter can be resolved during the conference, an order consistent with such resolution may be issued or counsel will be directed to forward a letter confirming the resolution to be "so ordered." At the discretion of the court, the conference may be held on the record.

(f) If the matter cannot be resolved, the parties shall set a briefing schedule for the motion which shall be approved by the court. Except for good cause shown, the failure to comply with the briefing schedule may result in the submission of the motion unopposed or the dismissal of the motion, as may be appropriate.

(g) On the face of all notices of motion and orders to show cause, there shall be a statement that there has been compliance with this rule.

(h) Where a motion must be made within a certain time pursuant to the CPLR, the submission of a motion notice letter, as provided in subdivision (a), within the prescribed time shall be deemed the timely making of the motion. This subdivision shall not be construed to extend any jurisdictional limitations period.

Rule 25. Trial Schedule. Counsel are expected to be ready to proceed either to select a jury or to begin presentation of proof on the scheduled trial date. Once a trial date is set, counsel shall immediately determine the availability of witnesses. If, for any reason, counsel are not prepared to proceed on the scheduled date, the court is to be notified within ten days of the date on which counsel are given the trial date or, in extraordinary circumstances, as soon as reasonably practicable. Failure of counsel to provide such notification will be deemed a waiver of any application to adjourn the trial because of the unavailability of a witness. Witnesses are to be scheduled so that trials proceed without interruption. Trials shall commence each court day promptly at such times as the court directs. Failure of counsel to attend the trial at the time scheduled without good cause shall constitute a waiver of the right of that attorney and his or her client to participate in the trial for the period of counsel's absence. There shall be no adjournment of a trial except for good cause shown. With respect to trials scheduled more than 60 days in advance, section 125.1(g) of the Rules of the Chief Administrator shall apply and the actual engagement of trial counsel in another matter will not be recognized as an acceptable basis for an adjournment of the trial.

Rule 26. Estimated Length of Trial. At least ten days prior to trial or such other time as the court may set, the parties, after considering the expected testimony of and, if necessary, consulting with their witnesses, shall furnish the court with a realistic estimate of the length of the trial.

Rule 27. Motions in Limine. The parties shall make all motions in limine no later than ten days prior to the scheduled pre-trial conference date, and the motions shall be returnable on the date of the pre-trial conference, unless otherwise directed by the court.

Rule 28. Pre-Marking of Exhibits. Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. At the pre-trial conference date, each side shall then mark its exhibits into evidence as to those to which no objection has been made. All exhibits not consented to shall be marked for identification only. If the trial exhibits are voluminous, counsel shall consult the clerk of the part for guidance. The court will rule upon the objections to the contested exhibits at the earliest possible time. Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked.

Rule 29. Identification of Deposition Testimony. Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the portions of deposition testimony to be offered into evidence without objection. The parties shall delete from the testimony to be read questions and answers that are irrelevant to the point for which the deposition testimony is offered. Each party shall prepare a list of deposition testimony to be offered by it as to which objection has not been made and, identified separately, a list of deposition testimony as to which objection has been made. At least ten days prior to trial or such other time as the court may set, each party shall submit its list to the court and other counsel, together with a copy of the portions of the deposition testimony as to which objection has been made. The court will rule upon the objections at the earliest possible time after consultation with counsel.

Rule 30. Settlement and Pretrial Conferences.

(a) Settlement Conference. At the time of certification of the matter as ready for trial or at any time after the discovery cut-off date, the court may schedule a settlement conference which shall be attended by counsel and the parties, who are expected to be fully prepared to discuss the settlement of the matter.

(b) Pre-trial Conference. Prior to the pretrial conference, counsel shall confer in a good faith effort to identify matters not in contention, resolve disputed questions without need for court intervention and further discuss settlement of the case. At the pre-trial conference, counsel shall be prepared to discuss all matters as to which there is disagreement between the parties, including those identified in Rules 27-29, and settlement of the matter. At or before the pre-trial conference, the court may require the parties to prepare a written stipulation of undisputed facts.

(a) Counsel shall submit pre-trial memoranda at the pre-trial conference, or such other time as the court may set. Counsel shall comply with CPLR 2103(e). A single memorandum no longer than 25 pages shall be submitted by each side. No memoranda in response shall be submitted.

(b) At the pre-trial conference or at such other time as the court may set, counsel shall submit an indexed binder or notebook of trial exhibits for the court's use. A copy for each attorney on trial and the originals in a similar binder or notebook for the witnesses shall be prepared and submitted. Plaintiff's exhibits shall be numerically tabbed and defendant's exhibits shall be tabbed alphabetically.

(c) Where the trial is by jury, counsel shall, on the pre-trial conference date or such other time as the court may set, provide the court with case-specific requests to charge and proposed jury interrogatories. Where the requested charge is from the New York Pattern Jury Instructions - Civil, a reference to the PJI number will suffice. Submissions should be by hard copy and disk or e-mail attachment in WordPerfect 12 format, as directed by the court.

Rule 32. Scheduling of witnesses. At the pre-trial conference or at such time as the court may direct, each party shall identify in writing for the court the witnesses it intends to call, the order in which they shall testify and the estimated length of their testimony, and shall provide a copy of such witness list to opposing counsel. Counsel shall separately identify for the court only a list of the witnesses who may be called solely for rebuttal or with regard to credibility.

Rule 33. Preclusion. Failure to comply with Rules 28, 29, 31 and 32 may result in preclusion pursuant to CPLR 3126.